Ranjan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26099 of 2022 In CRIMINAL APPEAL (SJ) No.627 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== RANJAN KUMAR YADAV Son of Kamleshwari Yadav Resident of Village - Gourachoki Kajraili, P.S.- Kajraili, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munilal Paswan Son of Late Kouri Paswan Resident of Village - Gouri Chouki, P.S.- Kajraili, District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Rajive Ranjan Singh, Advocate For the State :

Mrs.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 188, 379, 353 of the Indian Penal Code.

Prosecution case, in short, is that on 19.08.2021 the informant, who was posted as Chowkidar, saw one truck loaded with sand unlawfully was intercepted and was parked near

Patna High Court CR. MISC. No.26099 of 2022(3) dt.14-11-2022 2/3 Gaurichak S.H. 25 and he was directed to take care of it. It is further alleged that at 12:00 midnight the owner of truck came with driver and after pushing the informant went away on truck. Thereafter, an information was given to senior police officials. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. There was truck, which was apprehended, loaded with illegal mining of sand. The said truck was taken away by the custody of the police. For that the present case was instituted. The offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-cum-Special Judge (SC/ST Act), Bhagalpur in connection with Kajraili P.S. case No.69/2021, subject to the

Patna High Court CR. MISC. No.26099 of 2022(3) dt.14-11-2022 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T