Rajmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4832 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== 1.

RAJMANI DEVI W/O RAJESHWAR SINGH R/o village- Shobhekhap, Jhauma, P.S.- Jhomardihra, District- Aurangabad 2.

Jugesh Kumar S/o Raghupat Singh R/o village- Jhumar Dihar, P.S.- Rendia, District- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Singh, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Narari Kala Khurd P.S. Case No. 49 of 2021 registered under Sections 147, 148, 149, 341, 337, 338, 353, 379, 411 of the Indian Penal Code. Allegedly, one tractor loaded with sand procured by illegal mining was seized. The local people along with the owner and driver of the tractor made protest and attacked on police party, as a result of which, private driver and constable became injured. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.4832 of 2022(2) dt.24-03-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioner Nos. 1 & 2 are said to be owner and driver of the tractor in question. The said tractor is run as a public carrier. They had no knowledge that the sand by illegal mining was being loaded on the tractor by the contractor.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge-V, Aurangabad in connection with Narari Kala Khurd P.S. Case No. 49 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T