Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49469 of 2019 Arising Out of PS. Case No.-647 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== 1.

PRADEEP YADAV Son of Tejan Yadav, Resident of Village - Masaundha, P.S.- Mohanpur, Dist.- Gaya.

2.

Ajay Kumar @ Ajay Yadav Son of Mundrika Yadav @ Munarik Yadav, Resident of Village - Masaundha, P.S.- Mohanpur, Distt.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Barachatti (Mohanpur) P.S. Case No. 647 of 2018 registered for offence punishable under sections 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, sections 4/40 of the Bihar Minor Mineral Concessions Rules and sections 4, 5 (a), 5 (c) and 8 (a) of the Bihar Minerals Prevention of illegal Mining Transportation and Storage Rules, 2003.

The Police received an informant of lifting sand illegally. It has been alleged that sand has been lifted from the

Patna High Court CR. MISC. No.49469 of 2019(2) dt.07-08-2019 2/2 private land of one Manoj Singh.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti (Mohanpur) P.S. Case No. 647 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Shivaji Pandey, J) Mahesh/- U T