Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58115 of 2023 Arising Out of PS. Case No.-666 Year-2020 Thana- BANKA District- Banka ====================================================== Pradeep Yadav Son Of Late Upendra Yadav Resident Of Village Belutikar, Police Station Banka, Distrtict Banka ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Assistant Director, Mines And Geology Deparment, Banka Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411 of the Indian Penal Code and Section 21 of MMDR Act and Section 56 of Bihar Minerals Concession, Prevention of Illegal Mining, Transportation and Storage Act and Section 15 of Environmental Protection Act.

As per prosecution case, the allegation against the petitioner is that he was indulged in illegal mining and dumping of sand.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58115 of 2023(2) dt.01-09-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of several criminal antecedents of similar nature. The petitioner was not apprehended on the spot and he has no concern with the alleged occurrence. It is further submitted that no consistent material has come out against the petitioner. Moreover, he is languishing in judicial custody since 23.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banka P.S. Case No. 666 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.58115 of 2023(2) dt.01-09-2023 3/3