Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42214 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- HULASGANJ District- Jehanabad ====================================================== RAHUL KUMAR Son of Nabal Singh Resident of Village - Lodipur, P.S.- Ghoshi, District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Narayan Singh, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 379, 420, 411/34 of the Indian Penal Code.

Prosecution case, in short, is that illegal mining of sand was done and 400 Cft sand was loaded on the truck. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this

Patna High Court CR. MISC. No.42214 of 2021(2) dt.11-04-2022 2/2 case on disclosure made by local Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Sand was found on the truck. The truck in question does not belong to the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on 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 learned J.M. 1st class, Jehanabad in connection with Hulasganj P.S. case No.117/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T