Chandan Singh @ Chandan Kumar @ Chandan Kumar Mishara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13552 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Rajesh @ Rajesh Kumar @ Rajesh Singh @ Madhuraj Kumar Son Of Shree Pramod Singh @ Bhikari Singh Resident Of Village- Nayagaon Shivmani, Police Station- Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21279 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Chandan Singh @ Chandan Kumar @ Chandan Kumar Mishara Son Of Sri Dayanand Jha Resident Of Village - Kabela, P.S.- Parbatta, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 13552 of 2022) For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Binod Kumar (In CRIMINAL MISCELLANEOUS No. 21279 of 2022) For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 341, 323, 504, 307, 353, 223, 147, 149 of

Patna High Court CR. MISC. No.13552 of 2022(3) dt.09-01-2023 2/3 the Indian Penal Code and Sections 56(2) of the Bihar Mineral (Concession) Prevention of Mining Transportation and Storage Act, 2019.

The informant, who is Mining Inspector, stopped the tractor which was loaded with stone chips. It is alleged by the informant that when he demanded challan from the tractor driver, he called the owner of the tractor, who came along with F.I.R named accused persons including 8-10 unknown persons and badly assaulted the informant. The accused persons also tried to snatch the arms of the police personnel.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners have no concern with the transportation of stone chips. The petitioners are in custody 01.11.2021 and 07.10.2021 respectively. Moreover, similarly situated co-accused has been granted anticipatory bail

Patna High Court CR. MISC. No.13552 of 2022(3) dt.09-01-2023 3/3 by a coordinate Bench of this Court vide order dated 01.09.2022 passed in Cr. Misc. No. 3575 of 2022. Considering the nature of accusation and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P.S. Case No. 134 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T