Patna High CourtCR. MISC./59338/2023allowed

Ayodhay Yadav v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59338 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== AYODHAY YADAV SON OF RAMJATAN YADAV RESIDENT OF VILLAGE- LABEDAHA , P.S.- RAMGARH , DISTRICT -KAIMUAR AT BHABUA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 379, 420, 467, 468, 471,34 of the Indian Penal Code and sections 56(i)(ii) of the Bihar Mineral Concession Prevention of Illegal Minint Transportation and Storage Amendment Rule.

3. As per allegation in the FIR, petitioner was found transporting sand illegally and the chalan produced by the petitioner was found to be forged and thus created loss to the Government Exchequer.

4. It is submitted by learned counsel for the petitioner that petitioner has falsely implicated in this case. Petitioner is

Patna High Court CR. MISC. No.59338 of 2023(2) dt.04-09-2023 2/2 simple driver of the alleged sand loaded truck. Truck belongs to Ashok Kumar Singh who has deposited fine of Rs. Two lac eighty three thousand one hundred ninety one rupees and photocopy of receipts is annexed as Annexure-2 to the petition. Petitioner has got no criminal history and languishing in judicial custody since 25.6.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Mohania Kaimur at Bhabua in connection with RAmgarh P.S. Case No. 219 of 2023.

(Sunil Kumar Panwar, J) Sushma/- U