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Patna High Court – Orders
Birendra Kumar @ Birendra Yadav vs The State Of Bihar on 14 July, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26419 of 2025
Arising Out of PS. Case No.-86 Year-2019 Thana- BARUN District- Aurangabad
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Birendra Kumar @ Birendra Yadav S/o- Ram Ashray Singh Resident of
village- Teri Pokhraha PS- Barun District- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary cum Mines Commissioner and Geology Dept. Govt.
of Bihar, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 14-07-2025
Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 307, 323, 353, 333, 379,
420, 411, 504, 506, 427, 341, 147, 149 and 186 of the Indian
Penal Code, Sections 4 and 40 of the Bihar Minor Mineral
Concession Rules and Section 15 of Environment Protection
Act.
3. The prosecution case, in brief, is that when the
informant along with other police officers reached near the
house of Bhola Singh, some 200 persons assembled there and
when they tried to stop the lifting of sand, then all the accused
persons started throwing stone pieces upon the police party.
Patna High Court CR. MISC. No.26419 of 2025(2) dt.14-07-2025
2/2
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has falsely been implicated in this
case. The FIR has been lodged against 19 named and 150
unknown persons. Petitioner is said to have been identified in
the light of torch and the vehicle light. There is general and
omnibus allegation and no specific allegation has been levelled
against him. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Aurangabad (Bihar) in connection with Barun P. S. Case No. 86
of 2019, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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