Braj Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44162 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== Braj Kishore Yadav Son Of Krishna Yadav R/O Village- Patharkatti, P.SDaudnagar Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-06-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Sanjay Kumar learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Jamhor P.S.Case No. 19 of 2021 registered for the offences punishable under Sections 341, 323, 384, 385/34 of the Indian Penal Code.

As per prosecution case, it is alleged that police got an information that some persons are forcibly extracting money at the Pollution Testing Centre situated at NH-139 in the name of pollution testing. When the police personnel

Patna High Court CR. MISC. No.44162 of 2021(2) dt.09-06-2022 2/3 reached there they found a man was caught hold by three persons and a vehicle TATA-407 was standing side by. On seeing the police party all the three persons fled away from there and the driver of the said vehicle disclosed that his vehicle was stopped forcibly and they were demanding money in the name of pollution testing and they also assaulted him. The nearby people disclosed the name of accused persons.

At the very outset, learned counsel for the petitioner fairly submits that the licence of Pollution Checking Center was granted in favour of Vikash Kumar and the same was valid till 28.09.2022. The co-accused Vikash Kumar had approached before the court below for grant of anticipatory bail but the same was rejected and later on he has been granted regular bail.

Having considered the submissions made by the learned counsel for the petitioner, the present application is disposed of with an observations that if the petitioner surrenders before the court below within four weeks and prays for regular bail, the learned court below shall consider his prayer in the light of the fact that other co-accused

Patna High Court CR. MISC. No.44162 of 2021(2) dt.09-06-2022 3/3 persons have already been granted bail and there is no materials suggesting the complicity of this petitioner and pass an appropriate order without being prejudiced by the present order.

(Harish Kumar, J.) N.K/- U T