Pratap Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29478 of 2025 Arising Out of PS. Case No.-331 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Pratap Kumar S/O Surendra Yadav Resident of Village- Bharambag, Dewangarh, D. Garh, Itpakwa, P.S- Kawakol, District- Nawada. 2.

Sintu Kumar S/O Rohan Yadav Resident of Village- Bharambag, Dewangarh, D. Garh, Itpakwa, P.S- Kawakol, District- Nawada. 3.

Ashok Kumar S/O Prakash Yadav Resident of Village- Bharambag, Dewangarh, D. Garh, Itpakwa, P.S- Kawakol, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Muskan Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-07-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Kauwakol P.S. Case no.331 of 2024 registered under sections 305(e), 317(4) of the B.N.S, 2023.

3. As per prosecution case, the informant states that a secret information having been received that some accused persons were involved in illegal sand mining, a raid was conducted and 100 cft. sand was seized from a truck.

4. Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R. They are neither the owner of the truck nor driver of the truck. The name of the petitioners have transpired in this case only on the disclosure made by local villagers who have inimical terms with them. Except this, nothing has come during course of investigation to

Patna High Court CR. MISC. No.29478 of 2025(3) dt.16-07-2025 2/2 connect the petitioners in the alleged offence. He further submits that other co-accused persons have already been granted privilege of anticipatory bail vide order dated 12.05.2025 passed in Cr. Misc. No. 14859 of 2025. The petitioners have no criminal antecedent and undertake to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts and circumstances of the case, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kauwakol P.S. Case no.331 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T