Bimal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73024 of 2022 Arising Out of PS. Case No.-332 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== Bimal Yadav, S/O Late Banke Yadav @ Late Bake Yadav, Resident of Village- Fatehali, P.S.- Deep Nagar, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mines Development Officer, Nalanda At Bihar Sharif, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar No.1 Ms. Sonam Kumari For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in case registered for the offences punishable under Sections 379, 411, 120(B)/34 of the Indian Penal Code.

It is alleged that petitioner along with other F.I.R. named accused persons illegally excavated sand from the nearby river and stored it for the purpose of selling and thereby, causing loss of revenue to the Government to the tune of Rs. 3,46,125/-. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case only on the basis of suspicion. He next submits that nothing has been recovered from the possession or land of

Patna High Court CR. MISC. No.73024 of 2022(2) dt.06-04-2023 2/2 the petitioner. He further submits that none of the witnesses have supported the prosecution case.

Learned counsel for the State opposes the prayer for bail application and submits that petitioner is named in the F.I.R. Considering the nature of accusation and the fact that petitioner along with other accused persons caused loss of revenue to the Government, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Navya/- U T