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Patna High CourtCR. MISC./50953/2021allowed

Ramadhar Pandey v. The State Of Bihar

2022-05-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50953 of 2021 Arising Out of PS. Case No.-72 Year-2021 Thana- AMBA District- Aurangabad ====================================================== RAMADHAR PANDEY Son of Ramsundar Pandey Resident of VillageDhanibar Tole Biraj Bigha, P.S.- Amba, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 & 411 of the Indian Penal Code.

The allegation against the petitioner is that he is the owner of the tractor which was seized by the police ladden with illegal sand.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.50953 of 2021(2) dt.05-05-2022 2/2 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case by the police due to ulterior motive. As a matter of fact, the son of the petitioner runs a brick kiln in the name and style of Hero Top Int Bhatta and the alleged tractor was carrying Bhis soil for the purpose of making brick but the concerned police without verifying the matter lodged this false and frivolous case against him. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Amba P.S. Case No. 72 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J.) Trivedi/- U T