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Patna High CourtCR. MISC./3518/2023bail granted

Pankaj Kumar @ Pankaj Yadav v. The State Of Bihar

2023-03-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3518 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== PANKAJ KUMAR @ PANKAJ YADAV S/o Kapil Yadav R/o VillageMotnaje, P.S.- Nardiganj, Distt- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar,Adv.

Mr.Rajnish Kumar,Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 149, 341, 323, 379, 353, 504 of the Indian Penal Code.

The prosecution case, in short, is that on 01.05.2022, eight to ten tractors loaded with illegally mined sand were intercepted by the police and it is alleged that 30 - 40 persons including this petitioner assembled there and thereafter, forcibly got released the seized tractors and apprehended drivers from the police custody.

It is submitted on behalf of petitioner that there is no specific allegation of overt act against this petitioner. He is neither owner nor driver of any of the seized tractors and only on suspicion, he has been made accused in this case. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.3518 of 2023(2) dt.28-03-2023 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nawada in connection with Nardiganj P.S. Case No. 112 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T