Karu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44013 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Karu Singh, S/O Sheo Kumar Singh R/O Village- Nepura, P.S.- Deep Nagar, District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 379, 411, 120(B) of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he was on raid with his team, he got secret information that petitioner was doing illegal mining and also that JCB and tractor can be seized. Accordingly, he reached the place of occurrence where the tractor of the JCB along with JCB and tractor were seized and the driver disclosed that JCB belongs to Hippi Paswan and the petitioner was also involved in illegal mining of sand.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next

Patna High Court CR. MISC. No.44013 of 2022(2) dt.14-12-2022 2/2 submitted that petitioner is neither the owner, nor the driver of the alleged tractor or the JCB and his name transpired in the confessional statement of co-accused in police custody which does not have any evidentiary value. It is also submitted that driver of the JCB has been granted regular bail by the learned District Court itself. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Deep Nagar P. S. Case No.380 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T