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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8678 of 2023 Arising Out of PS. Case No.-68 Year-2019 Thana- BARHAT District- Jamui ====================================================== RAVINDRA YADAV @ RAVINDRA KUMAR YADAV, aged about 40 years, Gender- Male, S/O Munna Yadav R/O Village- Sudampur, P.S- Barhat, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Barhat P.S. Case No. 68 of 2019 dated 19.07.2019 registered for the offence(s) punishable under Section(s) 353, 332, 333, 336, 337, 338, 427, 379, 411/34 of the Indian Penal Code, Sections 4/40 of BMMC Rules, 1972, Section 8(a) of the Bihar Mineral (Prevention of Illegal Mining Transportation & Storage) Rules, 2003 and Section 15 of the Environment Act.

3. As per the prosecution, the accused persons including this petitioner indulged in illegal mining of sand and when the police party arrived at the alleged place, they also pelted stones over the police party.

Patna High Court CR. MISC. No.8678 of 2023(2) dt.17-04-2023 2/2

4. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and his name surfaced in this case during the course of investigation and he is stated to have fled away on seeing the police party and he was not apprehended at the spot and he never indulged in illegal sand mining. Further submissions are that the petitioner has fair and clean antecedent and he has been languishing in jail since 05.09.2022 and he is neither the owner nor the driver of the alleged seized vehicle.

5. Learned APP appearing for the State has opposed the bail prayer.

6. In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Barhat P.S. Case No. 68 of 2019 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T