Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11922 of 2023 Arising Out of PS. Case No.-76 Year-2021 Thana- SARE District- Nalanda ====================================================== 1.

JITENDRA YADAV Son of Sri Nande Yadav R/v- Piprapur, P.S.- Sare, District- Nalanda 2.

DHARMENDRA YADAV Son of Sri Nande Yadav R/v- Piprapur, P.S.- Sare, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Assistant Director, Mines and Geology Department, Nalanda at Biharsharif Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Ranjan Sinha For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 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 188, 379, 411 and 120 of the Indian Penal Code pending in the learned court below.

The informant allegedly, illegally mined sand was stored by the side of the road. The petitioners, who are named in the FIR, are alleged to be in possession of that sand. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the

Patna High Court CR. MISC. No.11922 of 2023(2) dt.27-04-2023 2/2 petitioners. He further submits that similarly situated other coaccused person has already been granted bail by a bench of this Court vide order dated 17.01.2023 passed in Cr. Misc. No. 50347/2022. He further submits that petitioners have 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 and the fact that , let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Sare P.S. Case No.76/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T