Gultush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20660 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== GULTUSH KUMAR S/O- ARJUN SINGH Village- Daulatpur PsWarisaliganj Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2023 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 147, 149, 341, 323, 353, 307, 504, 188, 379, 413 and 387 of the Indian Penal Code read with Section 21 of the Mines and Minerals (Development and Regulation) Act and Section 15 of the Environment (Protection) Act, 1986.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that accused persons including the petitioner and some unknown pelted stones on police while they apprehended a tractor loaded with illegal sand, it is next alleged that the tractor and the motorcycle were seized.

Patna High Court CR. MISC. No.20660 of 2023(2) dt.24-06-2023 2/2 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner is not the owner of the tractor or the seized vehicle and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term because of his antecedent.

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 Court below 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 court below where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 275 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T