Vishnu Dayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27221 of 2021 Arising Out of PS. Case No.-791 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== Vishnu Dayal Singh Son of Bindeshwari Singh Resident of Village - Girdharpur, P.S. Kargahar, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 332, 333, 353, 337, 338, 379, 411 and 427 of the Indian Penal Code, Sections 11(1), 18(3), 56(1) and 53(2) of the BMMC Rule, 2019 and Section 15 of the Environment Protection Act, 1986.

Prosecution case in short is that the informant (Mines Inspector, Rohtas) seized four tractors over-loaded with sands, thereafter the accused persons chased the informant by motorcycles and started pelting stones upon him and out of them, seven motorcycles were seized by the police. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.27221 of 2021(3) dt.24-03-2022 2/2 further submits that the petitioner has not been arrested at the spot. He further submits that petitioner was not present at the spot and he was not driving his motorcycle rather his motorcycle was driven by his relative, who was going to his village and at the time of occurrence, he parked his motorcycle and went to purchase some gifts in the shop, in the meantime, his motorcycle was taken into custody by the police and seized the same in illegal manner.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Chandan Verma, Judicial Magistrate, Ist Class, Dehri, Rohtas/concerned Court in connection with Dehri (T) P.S. Case No. 791 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Brajesh Kumar/- (Sunil Kumar Panwar, J) U T