Parikshan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30538 of 2024 Arising Out of PS. Case No.-778 Year-2023 Thana- SAHPUR District- Patna ====================================================== 1.
PARIKSHAN RAI SON OF AYODHYA RAI RESIDENT OF VILLAGELODIPUR, BYAPUR, P.S.- MANER, DIST-PATNA,BIHAR 2.
DHARMENDRA KUMAR SON OF TAWAKAL RAI RESIDENT OF VILLAGE- LODIPUR, BYAPUR, P.S.- MANER,DIST-PATNA,BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishikant , Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2024 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 offence under Sections 420, 379 / 34 of the Indian Penal Code.
3. Petitioner No. 1 is owner and petitioner No. 2 of Tractor bearing Tractor Nos. BR-01GG-8750, which was seized by the Mines Department, Patna due to overloading of sand.
4. It is submitted on behalf of petitioners that petitioners have been made accused merely because they happen to be owner and driver of the tractor in question. It is further submitted that the fine of Rs. 46300/- imposed by the Mines
Patna High Court CR. MISC. No.30538 of 2024(3) dt.28-06-2024 2/2 Department, Patna, has already been deposited by the petitionersNo. 1 . Similarly situated co-accused persons have already granted bail by this Court vide order dated 24.04.2024 in Cr. Misc. No. 24529 of 2024 . Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur (Patna) in connection with Shahpur P.S. Case No. 778 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T