Karu Yadav @ Karo Pd. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32772 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- KAJRAILI District- Bhagalpur ====================================================== KARU YADAV @ KARO PD. YADAV SON OF WOKIL YADAV @ WOKIL PD. YADAV RESIDENT OF VILLAGE- KHURD KAJRELI, PSKAJRELI, DISTT- BHAGALPUR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA THROUGH ITS SECRATERY BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ambrish Kumar Jha, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP For the Mines :
Mr. Naresh Dixit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the Department of Mines.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code and under Sections 11, 39 and 56 of BMMC Rule, 2019.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.
4. The informant alleges that a tractor along with a loader with 150 Cft of sand was apprehended, further the driver fled leaving the tractor, next alleges that 500 Cft of sand was
Patna High Court CR. MISC. No.32772 of 2023(2) dt.31-07-2023 2/3 also found stored at the place of occurrence.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner was not present at the place of occurrence and it is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that the driver of the tractor would misuse the vehicle in the manner as alleged in the F.I.R. It is further submitted that since it has been alleged that 150 Cft of sand was found on the tractor, as such the petitioner is willing to compound the offence with respect to 150 Cft of sand, but then the said compounding would be done at the time of release of the tractor which is seized.
6. Learned A.P.P. for the State along with learned counsel appearing for the Department of Mines opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.32772 of 2023(2) dt.31-07-2023 3/3 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 the learned trial court where the case is pending/successor court in connection with Kajreli P.S. Case No. 23 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T