Sanjay Kumar @ Sanjay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47478 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== 1.

Sanjay Kumar @ Sanjay Kumar Sharma Son of Rama Shankar Sharma Resident of Vill- Modhopur Buzurg, P.S.- Kushinagar, District- Kushinagar, U.P.

2.

Vijay Sharma Son of Rama Shankar Sharma Resident of Vill- Modhopur Buzurg, P.S.- Kushinagar, District- Kushinagar, U.P. At Present ResidingRambaran Chowk, Dewariya By-Pass, Taramandal, Gorakhpur, U.P. 3.

Pintu Singh Son of Late Shivnath Singh Resident of Vill- Narahwan (Narahwa), P.S.- Kuchaikote, District- Gopalganj. 4.

Sandeep Kharwar @ Sandip Kharwar Son of Pheku Kharwar Resident of Vill- Narahwan (Narahwa), P.S.- Kuchaikote, District- Gopalganj. 5.

Pradeep Kharwar Son of Vikrama Prasad Resident of Vill- Narahwan (Narahwa), P.S.- Kuchaikote, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-08-2024

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Sandesh P.S. Case no.118 of 2024 registered for the offence punishable under sections 379, 411, 420 and 120B of the Indian Penal Code and section 194 of the M.V. Act.

Patna High Court CR. MISC. No.47478 of 2024(2) dt.19-08-2024 2/3

3. As per allegation in the F.I.R, it is stated that on checking having been started three trucks were seized with illegally loaded sand. The quantity of the sand loaded was found to be 957.42 cft, 926.88 cft and 1045 cft. The petitioners are said to be the owner and drivers of the said truck.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case only for the reason that the petitioners were drivers resisting illegal demand of the informant and others. The allegations are false and concocted. The petitioners have no criminal antecedent and undertake to cooperate in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., specially the petitioners not having any criminal antecedent, it is directed that the five petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sandesh P.S. Case no.118 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.47478 of 2024(2) dt.19-08-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara.

(Partha Sarthy, J) Bibhash/- U T