Vikash Kumar @ Vikash Pandey @ Vikash Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10729 of 2024 Arising Out of PS. Case No.-501 Year-2022 Thana- PIRO District- Bhojpur ====================================================== VIKASH KUMAR @ VIKASH PANDEY @ VIKASH KUMAR PANDEY S/O- SRI SUNIL PANDEY R/O- VILLAGE- SIKRAUL, P.S.- SIKRAHATA, DIST.- BHOJPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar For the Opposite Party/s :
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 353, 323, 307, 504, 506, 386, 387, 379, 120B of the Indian Penal Code and u/s 56(1)
(2) of Bihar Mineral Concession Prevention of Illegal Mining, Transportation and Storage Amendment Rules, 2021.
3. The allegation against the petitioner is of transportation of overloading sand in a truck without any valid paper. One person was apprehended by the police during the course of raid and he disclosed the name of the petitioner.
4. It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.10729 of 2024(2) dt.22-02-2024 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific allegation against the petitioner, he has been made accused in the present case only on the basis of confessional statement of the co-accused, who disclosed that the petitioner is the driver of the truck which was being used for transportation of illegal mining. He further submits that the petitioner is only the driver of the vehicle in question and the said vehicle belongs to coaccused Nirala Pandey and he has already been granted anticipatory bail by a co-ordinate Bench of this Court. Petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her 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
Patna High Court CR. MISC. No.10729 of 2024(2) dt.22-02-2024 3/3 with Piro P.S. Case No.501 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T