Rajdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20950 of 2022 Arising Out of PS. Case No.-391 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Rajdeo Yadav, Son Of Balo Yadav R/O Village - Dema Mocharim, P.S.- Mohanpur, District - Gaya.

2.

Ajay Kumar @ Ajay Yadav, Son Of Ram Jatan Yadav R/O Village - Shekhpura Khurd, P.S.- Belaganj Gaya, District - Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Kamlesh Prasad Yadav For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== 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 341, 323, 379, 353, 188, 504, 34 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 two trucks were apprehended by Mining Department and handed over to the police for guarding the same. It is next alleged that the informant was deputed to guard the truck as detailed in the F.I.R., but driver of the truck on instigation of the owner forcibly took away the truck.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.20950 of 2022(2) dt.02-11-2022 2/2 petitioners have been falsely implicated in the present case. It is next submitted that petitioners are the owners and driver of the truck and no prudent man from police custody would forcibly take away his vehicle and thus, get implicated in an another case. It is next submitted that since the allegation was that the truck was found with sand, as such, the petitioners had deposited the penalty to the Mining Department and thereafter, they had taken their truck as stated in Para-8 of the anticipatory bail application.

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 Makdumpur P. S. Case No.391 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