Pramod Yadav @ Parmanand Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20447 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -CHANAN District- LAKHISARAI ======================================================

1. Pramod Yadav @ Parmanand Yadav, S/o Daroga Yadav,

2. Guddu Yadav @ Gudda Yadav S/o Bodhan Yadav, Both R/o VillageNista, P.S.- Surajgarha, District- Lakhisarai.

3. Shakti Yadav @ Shibal Yadav S/o Mathura Yadav, R/o VillageMohanpur, P.S.- Chanan, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 307, 323, 341, 353, 379, 504 and 506 of the Indian Penal Code.

The prosecution case got initiated with the written report of Sub-Inspector of Police, Chanan P.S., Lakhisarai, dated 02.09.2017 submitted to the Station House Officer, Chanan P.S., Lakhisarai, is to the effect that on 21.09.2017 at 2.05 P.M., the informant along with others after

Patna High Court Cr.Misc. No.20447 of 2018 (2) dt.17-04-2018 having received on secret information that illegal mining of sand is going on, made the raid when two tractors were intercepted through which the sand was being illegally transported. The informant was taking those tractors to police station but on the way, his motorcycle developed some mechanical problem when accused persons surrounded him and made assault. It is submitted by learned counsel for the petitioners that the petitioners are in no way connected with the seized tractors but only on the basis of suspicion, the petitioners have been roped in the present case. Though, petitioner no. 2 is accused in one other case under Mines and Minerals Concession Rules, 1972, however, petitioner nos. 1 and 3 are not having any criminal antecedent.

Learned APP, however, submits that the petitioners are named in the FIR.

Considering the accusation basically based on suspicion and petitioners do not claim the tractors or sand loaded on it, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court Cr.Misc. No.20447 of 2018 (2) dt.17-04-2018 Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. Case No. 101 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T