Single judge order denying anticipatory bail to petitioner in an under trial involving mining and forestry violations, citing his criminal antecedents as grounds for refusal.
Prayer for anticipatory bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63450 of 2021
Arising Out of PS. Case No.-387 Year-2019 Thana- RAJAON District- Banka
======================================================
BIKASH YADAV @ BIBHASH YADAV Son of Vijay Yadav @ Vijo Yadav Resident of village - Sikanpur, P.S.- Rajaun, Distt.- Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Sinha For the Opposite Party/s : Mr.Shyameshwar Dayal ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 24-05-2022 Heard learned counsel for the petitioner and the State.
Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 379/411 of the Indian Penal Code, u/s 8 of Bihar Minerals ( Prevention of Illegal Mining) Transportation and Storage Rules, 1972, Section 21 of the Mines and Minerals (Development & Regulation) Act, 1957 and Section 15 of Forest & Environment Act, 1986.
Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has transpired in this case during the course of investigation in the confessional statement of co-accused. Petitioner is neither driver nor owner of the vehicle in question. Petitioner is not the owner of the materials seized.
Learned counsel appearing for the State opposes the
Patna High Court CR. MISC. No.63450 of 2021(2) dt.24-05-2022 2/2
prayer for anticipatory bail. He submits that the petitioner has got criminal antecedent of similar nature.
Considering the criminal antecedent of the petitioner,
I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
BKS/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest in proceedings related to mining and forestry violations.
Whether the petitioner's criminal antecedents of similar nature justify rejection of bail.
4 provisions across 4 enactments
Bikash Yadav @ Bibhash Yadav
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
