Patna High CourtCR. MISC./1454/2022allowed

Kameshwar Yadav v. The State Of Bihar

2022-06-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1454 of 2022 Arising Out of PS. Case No.-84 Year-2021 Thana- BARABAR TOURIST District- Jehanabad ====================================================== 1.

Kameshwar Yadav Son of Late Munshi Yadav Resident of Village - Lohagadh, P.S.- Barabar Tourism (Bishunganj O.P.), Distt.- Jehanabad. 2.

Banti Kumar @ Banti Kumar Yadav Son of Kavindra Yadav Resident of Village - Lohagadh, P.S.- Barabar Tourism (Bishunganj O.P.), Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code. It is alleged against the petitioners that they illegally stored sand and thereby violated Bihar Mineral Rules 2019 which is punishable under the Rule. It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. The sand was stored near Barabar Hill. The

Patna High Court CR. MISC. No.1454 of 2022(2) dt.13-06-2022 2/2 petitioners are not indulged in selling sand. Nothing was recovered from the possession of the petitioners. The petitioners are also not the owner of any tractor. A statement has been made in para 3 of the petition that petitioners have no criminal antecedents.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad in connection with Barbar Tourism (Bishunganj O.P.) P.S. Case No. 84 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T