Arvind Yadav @ Arvind Kumar Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42340 of 2018 ======================================================

1. Arvind Yadav @ Arvind Kumar Yadav,

2. Nawal Yadav, Both are sons of Kamleshwari Yadav.

3. Jayram Yadav, Son of Madhav Yadav. All are resident of Village + P.S.- Shahkund, District- Bhagalpur.

.... .... Petitioners

Versus

1. The State of Bihar.

2. The Mines Development Officer, District Mining Office, Bhagalpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. B.N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2018 Heard both sides.

The petitioners apprehend their arrest in Shahkund P.S. Case No.328 of 2017 registered under Section 379 of the Indian Penal Code and Section 40(iv)(v) & (viii) of the B.M.M.C. Rule 1972 and Sections 14 Sub Rule 6 (4) and 5(a)(b)(c) of Bihar Mineral (Prevention of illegal Mineral transportation and Storage) Rule 2003.

The gist of the allegation is that the petitioners being the owners of the land allowed Ram Iqbal Bhagat, Gautam Yadav and Gautam Bind to extract sand from their land without the permission of Mining Department.

Learned counsel for the petitioners submits that no sand

Patna High Court Cr.Misc. No.42340 of 2018 (2) dt.19-07-2018 2/2 from the lands of the petitioners was sold. There is delay of three days in lodging the F.I.R.

Considering the aforesaid fact and the nature of allegation made against the petitioners, the petitioners above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur, in connection with Shahkund P.S. Case No.328/2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Amit/- U T