Laxmi Narayan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32654 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- IMADPUR District- Bhojpur ====================================================== Laxmi Narayan Pandey, Son of Chhotelal Pandey, Village- Purushottam Patti, Kazipur P.S- Maniyar, District -Ballia, (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand Pathak, Advocate Mr. Nawnit Kumar Tiwary, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Imadpur P.S. Case No. 19 of 2024, dated 12.03.2024, registered for the offences punishable under Sections 379, 411 and 120B of the Indian Penal Code.

3. As per allegation, sand was being transported by two Trucks bearing Registration Nos. UP54T-3671 and UP54T7660 and these two trucks were led by one Scorpio, belonging to the petitioner, bearing Registration No. UP60AR-5323.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the Scorpio, belonging to the

Patna High Court CR. MISC. No.32654 of 2025(4) dt.03-09-2025 2/3 petitioner, has nothing to do with the Trucks which were carrying sand. He further submits that only on account of suspicion, the police has seized the vehicle and made the driver/Shailendra Kumar Rajbhar of the Scorpio as accused. He further submits that the petitioner is not accused in this case, but he has apprehension that he may be implicated and apprehended by the police, because police is running after him to arrest.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the fact that the petitioner is not accused in this case and there is no cogent proof to show the connection between the Scorpio and two Trucks carrying sand without chalan, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /-

Patna High Court CR. MISC. No.32654 of 2025(4) dt.03-09-2025 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Imadpur P.S. Case No. 19 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T