Patna High CourtCR. MISC./67160/2023bail granted

Pradeep Yadav v. The State Of Bihar

2023-12-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67160 of 2023 Arising Out of PS. Case No.-679 Year-2020 Thana- BANKA District- Banka ====================================================== Pradeep Yadav Son Of Late Upendra Yadav Resident Of Village -BELUTIKAR, Police Station- Banka, District -BANKA ... ... Petitioner/s

Versus

The State of Bihar 2.

The Assistant Director, Mines And Geology Dept. Banka Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shyameshwar Dayal For the Mining Dept.

Mr. Naresh Dikshit, Spl. PP. Mines Mr. Utsav Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-12-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Banka P.S. Case No. 679 of 2020 registered for the offence under Sections 379/411 of the Indian Penal Code and under Section 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rule 2019, Section 21 of MMDR Act 1957 and Section 15 of the Environment Protection Act, 1986.

4. As per the prosecution case, the petitioner is alleged to have been involved in illegal mining.

Patna High Court CR. MISC. No.67160 of 2023(3) dt.13-12-2023 2/2

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 11.04.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/Successor Court in connection with Banka P.S. Case No. 679 of 2020.

10. The petitioner will mark his attendance at Banka Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T