Ramanuj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21935 of 2023 Arising Out of PS. Case No.-958 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

RAMANUJ RAI S/O DINANATH RAI Resident of Village- Devkali, P.S.- Hatta, District- Kushi Nagar (U.P.).

2.

OM PRAKASH SINGH S/O SURENDRA SINGH Resident of VillagePiprahi, P.S.- Gopalganj (T), District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 379, 411 and 353 of the Indian Penal Code, M.M.D.R. Act, 1957, B.M.M.C.P. of T.M.T. and S.R. 2019 and B.E.P.R. 1986 pending in the learned court below.

As per the prosecution case, truck drivers and owners illegally loaded the trucks without receiving Challan were going to sell the stolen sand.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners are owner of the

Patna High Court CR. MISC. No.21935 of 2023(2) dt.27-06-2023 2/2 seized trucks. He submits that there is no specific overt act against the petitioners. He further submits that the trucks were released by the concerned authorities. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners and they are owners of the trucks, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chapra Muffasil P.S. Case No.958/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T