Patna High CourtCR. MISC./53607/2019bail granted

Indradeo Yadav v. The State Of Bihar

2019-08-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53607 of 2019 Arising Out of PS. Case No.-647 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== 1.

INDRADEO YADAV Son of Sri Bhagirath Yadav 2.

Tunu Yadav Son of Sri Ram Saran Yadav 3.

Jagu Yadav @ Bhagu Yadav Son of Late Chhatu Yadav 4.

Upendra Kumar Son of Late Tulsi Yadav All Resident of Village- Masaundha, P.S.- Mohanpur, District- 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.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-08-2019 Heard both sides.

The petitioners apprehend their arrest in Barachatti(Mohanpur) P.S. Case No.647 of 2018 registered under Sections 4 and 21 of the Mines and Minerals(Development and Regulation) Act, 1957, under Section 4/40 of Bihar Miner Mineral Concessions Rules and under Sections 4, 5(a), 5(c) and 8(a) of Bihar Minerals Prevention of Illegal Mining Transportation and Storage Rules, 2003.

The informant named seven persons and alleged that the accused persons had stored 5,000 cft. sand on the land of Manoj Singh by illegally mining the Muhane river.

Patna High Court CR. MISC. No.53607 of 2019(2) dt.27-08-2019 2/2 The learned counsel for the petitioners submits that petitioners are not named in the F.I.R. but later on, the name of the petitioners also figured in the case on mere suspicion that the petitioners are also involved in storing the sand after illegal mining from the river.

Taking into consideration the facts aforesaid and the nature of allegation made against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghati(Gaya) in connection with Barachatti(Mohanpur) P.S. Case No.647 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T