Jitendra Kumar @ Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56887 of 2021 Arising Out of PS. Case No.-196 Year-2021 Thana- JAMUI District- Jamui ====================================================== 1.

Jitendra Kumar @ Jitendra Yadav S/O Chotan Yadav R/O Village-Shivsona, P.S.-HALSI, District-Lakhisarai.

2.

Ajay Kumar S/O Suggi Yadav R/O Village-Shivsona, P.S.-HALSI, DistrictLakhisarai. 3.

Bambam Kumar S/O Suggi Yadav R/O Village-Shivsona, P.S.-HALSI, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Counsel for the petitioners submits that inadvertently, in the first paragraph of the petition, "Jamui P.S. Case No. 196 of 2017" has wrongly been mentioned in place of "Jamui P.S. Case No. 196 of 2021".

Accordingly, counsel for the petitioners is permitted to make necessary correction in the first paragraph of the

Patna High Court CR. MISC. No.56887 of 2021(3) dt.25-02-2022 2/3 petition.

The petitioners are apprehending their arrest in Jamui P.S. Case No. 196 of 2021 registered for the offence under Sections 341, 323, 147, 148, 149, 337, 338, 307, 188, 504, 506, 353 of the Indian Penal Code.

Allegedly, in course of checking the criminal activities, while the police persons along with higher officials reached at Kharagpur-Manjway main road, he saw two tractors loaded with illegal sand, coming from Chhatu Dhamana. While the police asked them to stop, they accelerated the speed of tractor and tried to dash them. Both the tractors started hindrance in discharging the official duty of the police personnel. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. As per the allegation, an altercation, is said to have taken place while illegal mining of sand was being carried out. 13 known and 150-200 unknown persons have been made accused in the FIR. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners

Patna High Court CR. MISC. No.56887 of 2021(3) dt.25-02-2022 3/3 are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 196 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T