Arvind Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5448 of 2018 Arising Out of PS.Case No. -222 Year- 2017 Thana -BAUNSI District- BANKA ======================================================

1. Arvind Yadav, son of Late Kaleshwar Yadav, Resident of Village- Kushmaha, P.S. Bounsi, District- Banka.

2. Rupesh Kumar @ Rupesh Kumar Yadav, son of Sri Shankar Yadav, Resident of Village- Simra More, P.S. Bounsi, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the State : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bounsi P.S. Case No.222 of 2017 registered under Sections 379 and 411 of the Indian Penal Code, Sections 4 and 40 of the Bihar Minor and Minerals Concessions Rules, 1972 and Sections 4 and 21 of the M.M.D.R. Act, 1957 and Sections 6 and 8 of the Bihar Minerals (Prevention of Illegal Mining Transportation and Storage), Rules 2003.

It is submitted by the learned counsel for the petitioners that there is no truth behind the allegation that the tractor was loaded with illegally mined sand. He submitted that despite having

Patna High Court Cr.Misc. No.5448 of 2018 (2) dt.02-02-2018 2/2 all papers, the police intercepted the tractor and took the same to the police station. He submitted that the petitioners have no criminal antecedent and having got roots in the society they are not likely to abscond or tamper with the evidence. Considering the nature of offence and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No.222 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T