A person accused of illegal mining is entitled to anticipatory bail if he can show that he is not involved in the actual mining activity.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24120 of 2021

Arising Out of PS. Case No.-617 Year-2020 Thana- BANKA District- Banka

======================================================

MRITUNJAY YADAV @ MRITYUNJAY YADAV S/O BINDESHWARI

YADAV @ SHIKARI YADAV R/o village- Laskari, P.S. and District- Banka

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Dhananjay Kumar Pandey

For the Opposite Party/s :

Mr.A.PP

======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

2

13-01-2022

This matter has been taken up for hearing online

because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned

APP for the State.

Learned counsel for the petitioner is expected to

honour his undertaking to remove the defects as pointed out by

the office when called upon to do so by the office.

The instant application for anticipatory bail has been

filed by the petitioner apprehending his arrest in connection

with Banka P.S. Case no. 617 of 2020 instituted for the offence

under Section 21 of MMDR Act, Section 56 of Concession &

Prevention of illegal Mining Transportation and Storage and

Section 15 of Environment Protection Act.

As per allegation in the FIR, petitioner is involved in

illegal lifting and storage of sand and recovery of 7000 CFT

Patna High Court CR. MISC. No.24120 of 2021(2) dt.13-01-2022

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sand has been made without any supportive document.

Learned counsel appearing on behalf of the petitioner

has submitted that petitioner is innocent and has falsely been

implicated in this case. He is simply a labour and his work is

only to load and unload the sand. Petitioner has no coneren with

the alleged tractor or transportation of sand.

Learned APP appearing for the State has opposed the

prayer of Bail and submitted that petitioner is a habitual

offender.

Having heard learned counsel for the parties and in

the facts and circumstances of the case as stated above, this

Court is inclined to enlarge the petitioner on bail. The petitioner

is directed to surrender in the Court below within a period of

four weeks from today and in the event of his arrest or surrender

in connection with Banka P.S. Case no. 617 of 2020, he will be

enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

ten thousand) with two sureties of the like amount each to the

satisfaction of learned CJM, Banka subject to the conditions as

laid down under section 438(2) of the Cr.P.C.

sushma/-

(Sunil Kumar Panwar, J)

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