Govind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6019 of 2022 Arising Out of PS. Case No.-20 Year-2021 Thana- ALIPUR District- Gaya ====================================================== 1.

Govind Yadav, (Male), aged about 38 years, Son of Krishna Nandan Yadav, Resident of Village - Bhelampur, Police Station - Alipur, District - Gaya. 2.

Gautam Yadav @ Gautam Kumar, (Male), aged about 27 years, Son of Krishna Nandan Yadav, Resident of Village - Bhelampur, Police Station - Alipur, District - Gaya.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Manish Kumar No. 2, Advocate For the Opposite Party :

Mrs. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners are apprehending their arrest in connection with Alipur P.S. Case No. 20 of 2021 for the offence registered under Sections 379, 411, 353, 307, 427 of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that when the police

Patna High Court CR. MISC. No.6019 of 2022(2) dt.24-03-2022 2/3 seized a Tractor loaded with illegal sand, the accused persons fired upon the police.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are alleged to be the owner of the Tractor in question on which sand procured by illegal mining was being loaded. The petitioners had no knowledge that the sand in question has been procured by illegal mining. No grievous injury is said to have been caused in course of occurrence.

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

Considering the aforesaid facts and circumstances of the case, let 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Gaya, in connection with Alipur P.S. Case No. 20 of 2021, subject to the conditions

Patna High Court CR. MISC. No.6019 of 2022(2) dt.24-03-2022 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

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