Dharmendra Yadav @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16802 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== DHARMENDRA YADAV @ DHARMENDRA KUMAR S/O MAHENDRA YADAV Resident of Village- Shobhanagar, P.S.- Griyak, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar , Advocate For the State :

Mr. Umeshanand Pandit, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 420, 120 (B), 427/34 of the Indian Penal Code.

It is alleged that all the FIR named accused persons including this petitioner were involved in illegal excavation, stocking and transportation of the sand.

It is submitted that petitioner has falsely been implicated in this case only on the basis of suspicion and no incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that petitioner is farmer and he has no concern with the alleged stock of sand. The alleged sand in question was already seized so no loss at all

Patna High Court CR. MISC. No. 16802 of 2023(2) dt.19-05-2023 2/2 has been caused to the government. Hence, no case is made out against the petitioner in the alleged section of the IPC. Petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M Nalanda at Bihar Sharif in connection with Giriyak (Pawapuri) P.S. case no 233 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T