Jai Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17015 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- MANER District- Patna ====================================================== 1.

JAI KUMAR NIRALA Son of Ramayan Rai, 2.

HARSH KUMAR Son of Jai Kumar Nirala, Both Resident of Village - Khaspur, P.S. - Maner, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 145, 147, 149, 186, 353, 379, 225, 504 & 506 of the Indian Penal Code and Sections 11, 56 of the Bihar Minerals Concession, Prevention of Illegal Mining Transportation & Storage Rule 2019. Learned counsel for the petitioners seeks permission to withdraw this application because petitioner no.1, namely Jai Kumar Nirala has been arrested.

Permission granted.

Accordingly, this application is dismissed as withdrawn against petitioner no.1.

Allegation against the petitioners alognwith other accused persons is said to have used any criminal force to deter the

Patna High Court CR. MISC. No.17015 of 2021(2) dt.08-12-2021 2/2 public servant in discharge of their duty.

It has been submitted by learned counsel for the petitioners that the petitioner no.2 is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner no.2 and there is no specific overtact against him. The petitioner no.2 has no concerned with this matter. The petitioner has got no criminal antecedent, which is mentioned in para 3 of the bail application.

Learned APP for the State vehemently opposes the prayer for bail application.

In the aforesaid facts and circumstances of the case, let the petitioner no.2, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten 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 Maner P.S. Case No. 291/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Kumar Panwar, J) amitkumar/- U T