Suresh Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4591 of 2025 Arising Out of PS. Case No.-4 Year-2024 Thana- DUMARIYA District- Gaya ====================================================== Suresh Bhuiyan Son of Late Dharamdeve Bhuiyan Village -Manjhauli PSDumariya, Dist -Gaya ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2025
1. Heard learned Counsel for the petitioner and learned APP for the State.
2. This application, for grant of anticipatory bail, arises out of Dumaria PS case no. 04 of 2024, disclosing offences punishable under Section 341, 323, 353, 379, 504, 34 of the Indian Penal Code and Section 33(b), 41 of Indian Forest Act, 1927.
3. The prosecution story, as per the First Information Report, is that on 21.01.2024, while the informant was returning along with seized tractor bearing registration no. BR-02-GB- 0502, having gravel (moram), co-accused Haseen Alam and 15-20 unknown persons forcibly stopped the tractor and took away the tractor in question with them. The driver of the said vehicle was co-accused Sarvesh Paswan.
Patna High Court CR. MISC. No.4591 of 2025(2) dt.30-01-2025 2/3
4. Learned Counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name has transpired during course of investigation on the ground that he happens to be the driver of the tractor which is not true, rather, he had left the driving of that tractor three months before the date of occurrence. Learned counsel next submits that the owner of the tractor has deposited fine amount of Rs. 15,500/-, imposed by the Police to the District Transport Office. The petitioner is having no criminal antecedent and one of the named accused person Haseen Alam has already been granted anticipatory bail by this Court vide order dated 31.08.2024, passed in Cr. Misc. No. 54564 of 2024. Learned counsel also submits that the petitioner was granted benefit of Section 41-A Cr.P.C. but now charge-sheet has been submitted and he has apprehension of arrest.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent, owner of the tractor namely Moin Alam has already deposited the fine imposed by the police and named accused person namely Haseen Alam has already been granted anticipatory bail by this Court, I am inclined to grant the privilege of anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.4591 of 2025(2) dt.30-01-2025 3/3
6. This application is, accordingly, allowed.
7. Let petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 S.D.J.M., Sherghati, Gaya in connection with Dumaria PS Case No. 04 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T