Kara Yadav @ Karu Yadav @ Ganga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53539 of 2022 Arising Out of PS. Case No.-388 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Kara Yadav @ Karu Yadav @ Ganga Yadav S/O Rameshwar Yadav Resident of Village- Murkatta, P.O. Rasalpur, P.S. Murkatta, District-Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunal Tiwary For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Chandauti P.S. Case No.388 of 2021, registered for the offences punishable under Sections 379, 411, 353 and 34 of the Indian Penal Code, Section 21 M.M. (D.R.) Act and Section 56 of Bihar Minerals Samandan Prev. of Illegal Transport and Storage Amendment Rule, 2021.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got two criminal antecedents as stated in paragraph-3 of the bail application. It is further submitted that petitioner is neither owner nor driver of the said Hywa seized by the police. It is submitted that only on suspicion, the petitioner has been made accused in the present

Patna High Court CR. MISC. No.53539 of 2022(2) dt.15-12-2022 2/2 case. It is further submitted that no specific allegation is made against the petitioner.

Learned APP for the State as well as learned counsel appearing on behalf of the Mining Department opposed the prayer for anticipatory bail of the petitioner by submitting that petitioner is member of the syndicate involved in extracting sand illegally.

Taking into consideration the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gaya in connection with Chandauti P.S. Case No.388 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T