IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27634 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== Surendra Prasad Yadav S/o- Bachu Yadav Village-Bhikhachak Po-Bhindaspur PS- Belaganj Distict- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 14-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 24 of 2025, registered for the offences punishable under Sections 111, 303(2), 317(2), 109, 132, 3(5) of the B.N.S. 3. The police on a tip off illegal mining of sands and minerals raided the place of occurrence. However, on noticing the police party, the driver of the tractor has tried to dash the police personnel and left the tractor in running condition and fled away, consequentially the tractor met with an accident on the road. Thereafter, the police personnel seized five other tractors, out of which the petitioner is owner of one of the tractor. Patna High Court CR. MISC. No.27634 of 2025(2) dt.14-05-2025 2/3 4. Learned Advocate for the petitioner contended that admittedly the petitioner is the owner of one of the tractor, which was seized by the police and, as such, no case of theft is made out. The FIR clearly suggest that no case under any of the provisions of Mines And Minerals (Development and Regulation) Act, 1957 has been instituted and, as such, the petitioner cannot be said to be involved in mining of illegal sand. In fact, the petitioner was carrying the sand on a valid chalan but on account of some rash and negligent driving by one of the driver of the tractor, due to which the police personnel got infuriated and instituted the present case. It is further contended that so far antecedent of the petitioner, as has been disclosed in paragraph no. 3 is concerned, out of three cases, in two of the cases, the petitioner is on bail and now the petitioner undertakes that he will fully co-operate in the investigation or in the proceeding of the Court. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is the registered owner of the tractor, in question, and there is no offence alleged under Mines And Minerals (Development and Patna High Court CR. MISC. No.27634 of 2025(2) dt.14-05-2025 3/3 Regulation) Act, 1957, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Gaya in connection with Belaganj P.S. Case No. 24 of 2025, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. shivank/- (Harish Kumar, J) U T