Patna High Court – Orders
Ravi Ranjan Kumar @ Sudu Yadav @ Ravi … vs The State Of Bihar on 21 May, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1079 of 2025 Arising Out of PS. Case No.-303 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1. Ravi Ranjan Kumar @ Sudu Yadav @ Ravi Ranjan Son of Shambhu Singh Resident of Village - Nanhu Bigha, P.O. - Shamshernagar, P.S. - Daudnagar Shamshernagar, District - Aurangabad (Bihar) 2. Dinesh Yadav @ Dinesh Kumar Son of Kameshwar Yadav Resident of Village - Nanhu Bigha, P.O. and P.S. - Shamshernagar, District - Aurangabad (Bihar) 3. Abhishek Kumar @ Abhishek Sadhu @ Sadhu @ Abhishek Son of Ramjanam Singh Resident of Village - Shamshernagar, P.S. - Daudnagar, District - Aurangabad (Bihar) ... ... Petitioner/s Versus 1. The State of Bihar 2. The District mines officer Aurangabad ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 4 21-05-2025
Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are apprehending
their arrest in connection with Daudnagar P.S. Case No. 303 of
2024 for the offences under Sections 379, 411, 353 and 34 of the
Indian Penal Code.
3. As per prosecution case, police received secret
information about stolen sand being transported through a
number of tractors. When the police party reached there, they
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saw 5-6 tractors which started fleeing away unloading their
sand. One of the tractors was intercepted and its driver co-
accused Rahul Kumar was apprehended, who disclosed the
names of other co-accused, namely Chandra Uday Kushwaha
and Gopal Kumar, who fled away with their tractors. The co-
accused further disclosed the name of co-accused Abhay Yadav,
who used to operate the ghat in which illegal mining of sand was
being done.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. Petitioner Dinesh Yadav and Sadu Yadav are not the owner
of the seized vehicles and their names have transpired on the
basis of confessional statement of co-accused Rahul Kumar who
was apprehended from the spot. Except for the confessional
statement of co-accused, there is no material against the
petitioners. The petitioners were not carrying or transporting
illegal sand on the tractor rather Rahul Kumar was only carrying
the illegal sand from the river. Petitioners are having clean
antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioners. Learned APP submits that co-accused
named the petitioners and they are involved in illegal sand
mining.
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6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
lack of material against the petitioners and further considering
the possibility of false accusation, let the petitioners above
named, in the event of their arrest or surrender before the court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
Daudnagar, Aurangabad/ court concerned in connection with
Daudnagar P.S. Case No. 303 of 2024, subject to the condition
as laid down under Section 482(2) of the BNSS, 2023 and other
following conditions :
(i) One of the bailors will be a close relative
of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(Arun Kumar Jha, J)
balmukund/-
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