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2020 Supreme(Pat) 722

CHAKRADHARI SHARAN SINGH
Ramesh Kumar Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Ranjan Kumar Jha, Sanjeev Kumar, Miritunjay Kumar Mishra.
For the Opp. Parties : Mrs. Meena Singh.

Chakradhari Sharan Singh, J. – Heard learned counsel for the parties.

2. These two petitioners are seeking anticipatory bail in connection with Dhoraiya P.S. Case No. 10 of 2020 registered on 10.01.2020. Following are the offences, which have been allegedly committed by these petitioners, based on the allegation made in the F.I.R.: –

(i) Section 379 and 411 of the Indian Penal Code.

(ii) Rule 56 of Bihar Minerals (Concession, Prevention of illegal mining, Transportation and Storage) Rule, 2019 (Hereinafter referred to as the Rules of 2019).

(iii) Section 21 of the M.M.D.R. Act, 1957 and,

(iv) Section 25 of the Environment (Protection) Act, 1986.

3. The Rules of 2019 have been framed by the State Government in exercise of power conferred under Section 15 read with Section 23C and Section 26 of the M.M.D.R. Act. The F.I.R. has been registered on the basis of a written report made by the Mining Development Officer-cum-Mining Inspector, Banka.

4. The occurrence is said to have taken place on 10.01.2020, in the broad daylight at 3.55 P.M., when two mini HYVA vehicles loaded with sand were intercepted by the Mining Inspector of the area and other police personnel. The drivers of the vehicle di

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