Sourabh Kumar @ Rambool Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25634 of 2024 Arising Out of PS. Case No.-1467 Year-2023 Thana- NAWADA District- Nawada ====================================================== 1.
SOURABH KUMAR @ RAMBOOL KUMAR S/O VIPIN SINGH R/O VILLAGE- MANJOUR, P.S- WARISALIGANJ, DISTT.- NAWADA. 2.
DINESH KUMAR S/O RAM CHANDER SINGH R/O VILLAGEMANJOUR, P.S- WARISALIGANJ, DISTT.- NAWADA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Ranjan For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 337, 307, 353, 379, 427, 411 and 504 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with an allegation that their tractor was seized while it was indulging in illegal mining of sand.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.25634 of 2024(2) dt.02-05-2024 2/3 petitioners reside near to the place of occurrence and they had sent their tractor for getting it cleaned in the river when the instant FIR came to be instituted with false allegation that 100 cubic feet of sand was seized loaded on a trolley. The learned counsel submits that from perusal of the seizure list at Page-13, it would manifest that only tractor was seized. It is next submitted that it absolutely does not stand to reason that how sand can be illegally mined only by tractor without the trolley. It is, thus, submitted that since trolley has not been seized which amply demonstrates that the petitioners came to be implicated based on suspicion as their tractor was found at the place of occurrence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nagar
Patna High Court CR. MISC. No.25634 of 2024(2) dt.02-05-2024 3/3 (Kadirganj) O.P. P.S. Case No. 1467 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the present anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T