Siyaram Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4150 of 2022 Arising Out of PS. Case No.-143 Year-2015 Thana- MADANPUR District- Aurangabad ====================================================== Siyaram Prasad Son Of Kameshwar Prasad Resident Of Village - Sonbarsa, P.S.- Madanpur, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 411 of the Indian Penal Code and Section 40 of the Bihar Minor Mineral Rules, 1972.

It is submitted by learned counsel for the petitioner that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner is the tractor driver of BR 26K-1085 whose owner is co-accused Bhola Yadav. He submits that the owner of the said

Patna High Court CR. MISC. No.4150 of 2022(2) dt.13-07-2022 2/2 tractor has already been granted bail by a Bench of this Court vide order dated 11.01.2016 passed in Cr. Misc. No. 421 of 2016. He submits that summons were issued to the petitioner and thereafter he moved before this Court for grant of anticipatory bail. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madanpur P.S. Case No. 143 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T