Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35993 of 2020 Arising Out of PS. Case No.-64 Year-2020 Thana- HULASGANJ District- Jehanabad ============================================== 1.

PAWAN KUMAR Son of Lalendra Yadav @ Lalendra Kumar Resident of Village - Tikaura, P.S.- Barabar Paryatan, District - Jehanabad. 2.

Dipak Kumar Son of Lalendra Yadav @ Lalendra Kumar Resident of Village - Tikaura, P.S.- Barabar Paryatan, District - Jehanabad. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-03-2021 Heard Mr. Vijay Kumar, learned counsel for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Hulasganj P.S. Case No. 64 of 2020 instituted for the offences under Sections 147, 148, 149, 323, 353, 504, 506, 379 and 420 of the Indian Penal Code.

The petitioners are alleged to have taken away two

Patna High Court CR. MISC. No.35993 of 2020(2) dt.26-03-2021 2/3 tractors which were seized by the police party as those vehicles were being used for transportation of illegally extracted sand.

Learned counsel for the petitioners has submitted that they are not the owners of the tractors which are said to have been taken away from the custody of the police. They are only farmers but their names have been given by the local Chowkidar on suspicion.

Hence their prosecution.

Regard being had to the suspicious nature of accusation against the petitioners and the fact that the petitioners are not the owners of the tractors which are said to have been taken away, they are directed to be released on bail, in the event of their 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 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate - Jehanabad, in connection with Hulasganj P.S. Case No. 64 of 2020, subject

Patna High Court CR. MISC. No.35993 of 2020(2) dt.26-03-2021 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T