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Patna High CourtCR. MISC./3828/2023bail granted

Kedar Yadav v. The State Of Bihar

2023-07-05Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3828 of 2023 Arising Out of PS. Case No.-177 Year-2021 Thana- SONO District- Jamui ====================================================== KEDAR YADAV S/o Asho Yadav R/o Village- Nimadih (Tilha), P.S.- Sono, Distt- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 411, 332, 333, 353, 337, 338, 307 and 34 of the Indian Penal Code, Section 2 and 4 of M.M. DR. Act, Sections 43, 11, 29 and 56 of the Bihar Mineral (Concession) Prevention of Illegal Mining and Transportation Storage Rule and Section 15 of the Forest and Environment Act.

The informant alleges that on 06.07.2021 the informant along with the raiding party intercepted a red coloured tractor which was loaded with illegal sand, it is

Patna High Court CR. MISC. No.3828 of 2023(3) dt.05-07-2023 2/3 next alleged that two persons were arrested who disclosed their name as Mantu and Kamlesh and further disclosed that the owner of the tractor was one Bodhan Yadav, further when the tractor was being brought to the place of safety when 40 accused all of a sudden descended at the place of occurrence and tried to free the tractor and even pelted stones causing injury to the police force.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted and reiterated that petitioner is a person with clean antecedent and is not the owner of the seized vehicle. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.3828 of 2023(3) dt.05-07-2023 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sono P.S. Case No. 177 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T