Patna High Court – Orders
Narendra Kumar Yadav @ Narendra Yadav @ … vs The State Of Bihar on 29 January, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76857 of 2024
Arising Out of PS. Case No.-87 Year-2024 Thana- NIRMALI District- Supaul
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Narendra Kumar Yadav @ Narendra Yadav @ Khokha Yadav Son of Late
Jagdhar Yadav Resident of village - Nirmali Mahuwa , P.S.- Nirmali, District-
Supaul
... ... Petitioners
Versus
1. The State of Bihar
2. The Mines and Minerals Department Patna, Bihar
... ... Opposite Parties
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Appearance :
For the Petitioner : Mr. Ravi Prakash, Advocate
For the State : Mr. Satya Nand Shukla, APP
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 29-01-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with Nirmali
PS. Case No.87 of 2024 dated 26.05.2024, registered for the
offences punishable under Sections 341, 323, 143, 332, 353,
307, 379, 504/34 of the Indian Penal Code and Section
11/43/56/60 of the B.M. (C.P.I.M.T.S.) Amendment Act, 2021 &
4, 21 of the M.M.D.R. Act, 1957.
3. As per allegation, one tractor without any
registration number, having engine no. SJ327A88916, chesis
no.MEAC8FDDHL2309875 with the sand loaded trailer, was
seized. However, the driver of the tractor informed the incidence
to the owner of the vehicle, who, along with twenty other
Patna High Court CR. MISC. No.76857 of 2024(3) dt.29-01-2025
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persons came to the place of occurrence and forcibly took the
tractor away.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that no seizure of any vehicle or mines
was made by the police. He further submits that the case is
completely false and no seizure list is annexed with the FIR.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in four other
cases and in all the cases he is on bail.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. I considered the submissions advanced by both the
parties and perused the material on record. I find that the seizure
list does not show any seizure of vehicle loaded with sand. In
fact, as per the seizure list annexed with the FIR, the police has
seized one mobile. However, I find that unless the vehicle is
seized with the mines loaded in it, no case could be made out
under Bihar Minor Mineral Rules, 2019.
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9. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M, Birpur, Supaul, in connection
with Nirmali PS. Case No.87 of 2024, subject to the conditions
as laid down under Section 438 (2) Cr.PC and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T