Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49701 of 2021 Arising Out of PS. Case No.-173 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== 1.

NISHANT KUMAR S/o Baleshwar Rao Resident of Village- Mathiya, P.S.- Lauriya, District- West Champaran, Presently residing at Mohalla- Pakki Fulwari Uttarwari Pokhara, P.S.- Bettiah Town, District- West Champaran. 2.

Praduman Giri S/o Late Rampyare Giri Resident of Village- Baripatti, Chargaha, P.S.- Sirisiya O.P., District- West Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 15-02-2022 Heard both the parties through video conferencing. The petitioners seek bail in anticipation of their arrest in connection with Bettiah Muffasil (Manuapool O.P.) P.S. Case No.173 of 2021 instituted for the offences under Sections 379 of the Indian Penal Code & 21, MM (D&R) Act, 1957 and 56B.M. (CPIMTS) Rule 2019.

Taking into consideration that the petitioner no.1 is the owner of the tractor and the petitioner no.2 is the driver of the tractor and considering the nature of allegation under sections 379 of the Indian Penal Code & 21, MM (D&R) Act, 1957 and the fact that the petitioners were not arrested from the tractor, which has been seized, I am inclined to grant benefit of

Patna High Court CR. MISC. No.49701 of 2021(2) dt.15-02-2022 2/2 anticipatory bail to the petitioners and in the event of arrest, they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjeev Prakash Sharma, J) amit/- U T