Mahesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.523 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== 1.
Mahesh Yadav S/o- Kishori Yadav Village- Goga PS-Wazirganj DistrictGaya 2.
Nitish Kumar S/o- Kesho Prasad Yadav Village- Sonarkhap PS-Tankuppa District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Wazirganj Police Station Case No. 315 of 2024, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 333, 279, 186, 353, 379, 411, 420 and 216 of the Indian Penal Code.
3. Learned Counsel for the petitioners submits that petitioner No.2 is not named in the F.I.R. and his name has also not come during the course of investigation, as such, he is not having any apprehension of arrest, accordingly, seeks permission to withdraw the present anticipatory bail application with respect to petitioner No.2.
4. Permission is granted.
5. As per prosecution case, on 23.05.2024, in the
Patna High Court CR. MISC. No.523 of 2025(2) dt.10-02-2025 2/3 morning, while the Police was on patrolling duty, they got the information that from Paimar to Bhindas, some persons are carrying illegally extracted sand. Upon this information, the Police went near the place of occurrence and saw that three tractors were coming loaded with sand and upon demand of challan, it was not produced and the tractors were seized. The Police proceeded towards the Police Station and reached near Khankhhoh More, in the meanwhile nine persons came on three motorcycles, protested and assaulted the police party and in the meanwhile, tractor's driver tried to escape but the driver of the tractors fled away leaving the tractor of the petitioner on the spot. The tractor's driver who was arrested disclosed the name of driver of the petitioner's tractor and also disclosed the name of the persons who came on three motorcycles, namely Bhola Yadav, Manish Yadav and Sonu Yadav.
6. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and he has been made accused on the basis of the fact that he happens to be the owner of the tractor. He is not named in the F.I.R. and as per the disclosure of the names of the persons, who arrived on three motorcycles, the petitioner is not one of them. The petitioner has deposited the amount of Rs.35,650/- which includes the cost of
Patna High Court CR. MISC. No.523 of 2025(2) dt.10-02-2025 3/3 the mineral plus the compounding fee, as per Rule 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2021.
7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is not named in the F.I.R., his name has not been disclosed by the driver who was arrested by the Police and the petitioner has already deposited the compounding fee and the cost of mineral, I am inclined to grant the petitioner privilege of anticipatory bail.
8. This application is, accordingly, allowed.
9. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Gaya, in connection with Wazirganj Police Station Case No. 315 of 2024, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T