Mandip Yadav @ Chana Yadav @ Tana Yadav v. Tha State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3205 of 2025 Arising Out of PS. Case No.-304 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== Mandip Yadav @ Chana Yadav @ Tana Yadav S/O Raja Ram Yadav R/O Vill.- Hemant Bigha Kazipur, P.S.- Belaganj, Dist- Gaya ... ... Petitioner/s

Versus

1.

Tha State of Bihar Patna 2.

The Additional Chief Secretary cum Principal Secretary, Mines and Geology, Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Ram Sevak Choudhary For the O.P. No. 2 : Mr. Naresh Dikshit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner, learned counsel for the Mines and Geology and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Belaganj P.S. Case No. 304 of 2022 dated 22.06.2022 registered for the offences punishable under Section 379 of the I.P.C., Section 21 of the Mines and Minerals Act, Section 56 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2021 and Section 15 of the Environment Protection Act, 1986.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have stolen the sand illegally.

Patna High Court CR. MISC. No.3205 of 2025(2) dt.25-04-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the name of the petitioner has come in the present case only on the basis of disclosure made by the villagers. He has no concern with the alleged offence. It is further submitted that the alleged occurrence took place on 14.06.2022 but the F.I.R. was lodged on 22.06.2022 after much delay of eight days for which no satisfactory explanation has been given by the prosecution. The other coaccused person has already been granted bail by this court vide order dated 11.12.2024 passed in Cr. Misc. No. 71549/2024. The petitioner has three antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State and learned counsel for the Mines and Geology have opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in

Patna High Court CR. MISC. No.3205 of 2025(2) dt.25-04-2025 3/3 connection with Belaganj P.S. Case No. 304 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (I). The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

(II). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T