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Patna High CourtCR. MISC./12764/2023allowed

Arvind Yadav v. The State Of Bihar

2023-05-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12764 of 2023 Arising Out of PS. Case No.-376 Year-2022 Thana- KONCH District- Gaya ====================================================== ARVIND YADAV Son of Rajdeo Gope Resident of Village- Oranipar, P.S.- Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Saxena For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 411 and 353 of the Indian Penal Code, Section 4(1A)/21mm(DR) Act 1957, Section 11/18 BM (CPI MTS) Rule 2021 and 15 FEB Act 1956 pending in the learned court below.

As per the prosecution case, two tractor were caught loaded with illegal sand causing loss of the Government revenue. At the time of bring tractor to police station, the owner of the tractor along with other persons started hulla and tried to snatch the said tractor forcibly. They also obstructed in discharging the Government work.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12764 of 2023(2) dt.19-05-2023 2/2 petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is made accused in this case because he is the owner of the one of the seized tractor. He submits that the petitioner has deposited the fine amount of Rs.31,000/- before the office of District Mines, Gaya. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Konch P.S. Case No.376/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T