Chandan Yadav @ Chandan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70330 of 2023 Arising Out of PS. Case No.-236 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== 1.

Chandan Yadav @ Chandan Kumar Yadav S/O Nageshwar Yadav R/O Village- Manjhwa, P.S- Jamui, Distt.- Jamui.

2.

Pintu Yadav S/O Kishun Yadav R/O Village- Manjhwa, P.S- Jamui, Distt.- Jamui.

3.

Jai Ram Mandal S/O Narayan Mandal R/O Village- Manjhwa, P.S- Jamui, Distt.- Jamui.

4.

Niranjan Mandal S/O Bachchu Mandal R/O Village- Manjhwa, P.S- Jamui, Distt.- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mines And Mineral Detartment, Govt. Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the State :

Mr. Dilip Kumar No. 1 For the Mines Department Mr. Brij Bihari Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard Pankaj Kumar Sinha, learned counsel for the petitioners, Mr. Brij Bihari Tiwary, learned counsel for the Mines Department and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 379, 411, 34 of the Indian Penal Code and Sections 21 of MM (D&R) Act, 1957 Rule 56(2) of BM (CPIMTS) Amendment Rule, 2021.

3. Informant alleged that petitioners along with other accused persons illegally stored sand which causes revenue loss to the State Government.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.70330 of 2023(3) dt.06-02-2024 2/2 this case. He submits that the petitioners are ready to deposit the loss amount of Rs. 2,37,300/- in the treasury. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail for three months on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Halsi P.S. Case No. 236 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. Learned Court below is directed to confirm the bail bond of the petitioners after satisfying that the petitioners have deposited the aforesaid amount in the treasury. devendra/- (Anjani Kumar Sharan, J) U T