Shiv Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 36959 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Shiv Kumar Yadav, Son of Kishori Yadav

2. Mahesh Yadav, Son of late Subal Yadav, Both Residents of Village - Gwal Bigha, P.s.-Karai Parsurai, District-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Sidhendra Narayan Singh, Advocate For the S t a t e : Mr Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered under Sections 307, 353, 414 of Indian Penal Code, Section 27 of Arms Act and Rule 8 (d) of Bihar Minerals (PI Mining, Transportation & Storage) Rules, 2003.

Counsel for the petitioners submits that the petitioners have no concern with the sand contract nor they have any relation with the tractors seized from the place of occurrence. He submits that no recovery has been made from the possession of the petitioners and that the petitioners have been arrested from their house on 19.06.2017 on the basis of confessional statement

Patna High Court Cr.Misc. No.36959 of 2017 (2) dt.10-08-2017 2/2 of co-accused Dhananjay Kumar who is said to have been arrested from the place of occurrence. The said Dhananjay Kumar has already been granted bail by the Court of Additional Sessions Judge I, Hilsa, Nalanda vide order dated 14.07.2017. He also submits that there is no criminal antecedent against the petitioners prior to the instant case.

Considering the aforesaid submissions, petitioners' prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Hilsa in Karaia Parsurai Police Station Case No 66 of 2017. (Madhuresh Prasad, J) M.E.H./- U T