Raju Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23952 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- TELHARA District- Nalanda ======================================================

1. Raju Kumar, son of Nanhak Yadav.

2. Binay Yadav, son of Nanhak Yadav.

3. Shiv Shankar Yadav, son of Nanhak Yadav. All Resident of Village- Chandpur, P.S. Telhara, District- Nalanda ... Petitioners

Versus

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

For the Petitioners :

Mr. Birendra Kumar, Adv.

For the Opposite Party :

Mr. Ram Anurag Singh, APP 227 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Telhara P.S. Case No. 7 of 2018 for offences punishable under Sections 406, 420, 467 and 468 of the Indian Penal Code.

The prosecution case as per the written report of Suhawan Kumar, dated 22.01.2018, submitted to the Station House Officer, Telhara Police Station, Nalanda at Biharsharif, is to the effect that the registration number of the truck of the informant has been used in the truck of Raju Kumar (petitioner no. 1), Binay Yadav (petitioner no. 2), Sheo Shankar Yadav (petitioner no. 3) and Nagina Yadav, they used the said truck for illegal transportation of the sand. On 22.01.2018, when the informant gone to Hanna Khan Baloo Ghat, the accused persons were using the registration number by making duplicate number plate and when the informant objected, the accused persons

Patna High Court Cr.Misc. No.23952 of 2018(2) dt.30-04-2018 2/2 started abusing and threatening him.

It is submitted by the learned counsel for the petitioners that the police has not intercepted the petitioners using the forged registration number of the truck and due to the business rivalry the petitioners have been roped in this case. The petitioners are accused in one other case in which they are on bail.

Considering the nature of accusation and the accusation being not specific against either of the petitioners, the prayer of the petitioners for grant of anticipatory bail is allowed, in the event of surrender/arrest of the petitioners, named above, before the Court below, within four weeks from today in connection with Telhara P.S. Case No. 7 of 2018 shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Hilsa, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) Shamshad/- U T