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Patna High CourtCR. MISC./12888/2023allowed

Pappu Kumar v. The State Of Bihar

2023-08-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12888 of 2023 Arising Out of PS. Case No.-117 Year-2020 Thana- HULASGANJ District- Jehanabad ====================================================== PAPPU KUMAR Son of Rajendra Singh @ Rajan Prasad Resident of VillageLaxmi Tola Rashalpur, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 420 & 411/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he was involved in unauthorized extraction of the sand.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that petitioner is the owner of the seized truck on which the illegal sand is said to be loaded and the said truck has already been released. The petitioner has given his truck to his driver to ply on rent. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.12888 of 2023(4) dt.29-08-2023 2/2 specific rather general and omnibus in nature. Similarly situated co-accused, namely, Pappu Kumar @ Pappu Sharma and another have been enlarged on bail by a co-ordinate bench of this court vide order dated 20.07.2021 passed in Cr. Misc. No. 2740 of 2021. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Hulasganj P.S. Case No.117 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T