Shyam Sunder Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20826 of 2022 Arising Out of PS. Case No.-581 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== 1.

Shyam Sunder Kumar, Son Of Krishna Yadav R/O Village- Ghora Katora, P.S.- Giriyak, District- Nalanda 2.

Dinesh Kumar, Son Of Krishna Yadav Abhishek Roadwaya, Rawabhata, Raipur, District- Raipur R/O Village- Ghora Katora, P.S.- Giriyak, DistrictNalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 379, 411, 420, 120(B) of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that four trucks and two tractors loaded with sand were apprehended and five accused were arrested.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case in a mechanical manner by the police. It is next submitted that petitioners are owner of truck and have valid challan (Annexure-2) and thus,

Patna High Court CR. MISC. No.20826 of 2022(2) dt.02-11-2022 2/2 have represented to the Superintendent of Police for proper investigation as would be evident from Annexure-3. The learned counsel next submits that it absolutely does not stand to reason that a prudent man would indulge in committing illegal activity by his own vehicle and thus, create evidence against himself. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Giriyak P. S. Case No.581 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T