Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13262 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- SONO District- Jamui ====================================================== PRAMOD YADAV Son of Mahendra Yadav Resident of Village - Dubeydih, Police Station - Sono, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 411, 332, 333, 353, 307, 337, 338 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on 06.07.2021, he received a secret information and accordingly reached the place of occurrence from where a tractor laden with sand was apprehended, it is next alleged that the accused persons, including the petitioner, along with forty unknown accused intercepted the tractor and tried to

Patna High Court CR. MISC. No.13262 of 2022(2) dt.15-09-2022 2/3 release the tractor from the possession of the informant after unloading the sand, but the situation was brought under control and one police constable was injured in the scuffle which has been sued.

Learned counsel for the petitioner submits that from bare perusal of allegation as alleged in the FIR, it would manifest that no specific overt act has been alleged against the petitioner, the allegations are general and omnibus in nature, it is next submitted that petitioner is not the owner of the tractor, as such he has no interest in getting the tractor released, it is also submitted that from perusal of the allegation, it would manifest that the tractor remained in custody of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, 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 trial court where the case is pending/successor court in connection with Sono P.S.

Patna High Court CR. MISC. No.13262 of 2022(2) dt.15-09-2022 3/3 Case No. 177 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T