Ghanshyam Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75852 of 2018 Arising Out of PS. Case No.-278 Year-2018 Thana- BANKA District- Banka ======================================================
1. Ghanshyam Yadav S/o Late Digambar Yadav.
2. Santosh Yadav S/o Ghanshyam Yadav
3. Sattan Das S/o Late Chandeshwar Das
4. Shanti Yadav S/o Late Mahesh Yadav
5. Sumit Yadav @ Katki Yadav @ Marmi Yadav Son of Jharkhandi Yadav All Resident of Village-Amba,P.S. Banka,Distt.-Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsels for the petitioners and the State.
Petitioners apprehend arrest in connection with Banka P.S. Case No. 278 of 2018 registered for the offence punishable under sections 379, 411 of the Indian Penal Code, sections 4/40 of the Bihar Minor Mineral Concession Rules, 1972 and sections 6(4) and 8(d) of the B.M.M. (PITS) Rules, 2003.
Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case merely on basis of suspicion. As a matter of fact, petitioners are labourer and they have no concern with the alleged business of
Patna High Court Cr.Misc. No.75852 of 2018(2) dt.20-12-2018 2/2 illegal storage of sand. Moreover, similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 23.08.2018 passed in Cr. Misc. No. 48158 of 2018, as contained in Annexure-2.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 278 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.
(Arvind Srivastava, J) mcv/- U T