Nandey Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.830 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

NANDEY KUMAR Son Of Parsuram Das Resident Of Village - Raja Bigha, P.S. - Makhdumpur, District - Jehanabad.

2.

Vikash Kumar Son Of Satish Das Resident Of Village - Raja Bigha, P.S. - Makhdumpur, District - Jehanabad.

3.

Biku Kumar Son Of Late Rampravesh Singh Resident Of Village - Raja Bigha, P.S. - Makhdumpur, District - Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr. Md. M. Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 188, 379 and 411 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons were involved in illegal sale of sand. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.830 of 2021(2) dt.25-06-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner has been made accused due to mistake of fact. The name of the petitioner has transpired on the basis of disclosure made by local Chaukidar alleging that petitioners are involved in sale of illegal sand. There is no recovery of any stolen property from the possession of the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 122/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.830 of 2021(2) dt.25-06-2021 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T