Chandan Kumar @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48208 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.

CHANDAN KUMAR @ CHANDAN YADAV SON OF PRASADI YADAV VILLAGE CHANDWARA, PS AND DISTRICT JAMUI 2.

GUDDU KUMAR SON OF SUKHDEO YADAV VILLAGE CHANDWARA, PS AND DISTRICT JAMUI 3.

VIKAS YADAV SON OF SURESH YADAV VILLAGE LAKHAPUR, PS AND DISTRICT JAMUI 4.

CHANDAN YADAV @ CHANDAN KUMAR YADAV @ CHANDAN KUMAR SON OF NAGESHWAR YADAV VILLAGE MANJHWAY, PS AND DISTRICT JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 At the outset of argument learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner No.1, CHANDAN KUMAR @ CHANDAN YADAV SON OF PRASADI YADAV.

Prayer is allowed.

This anticipatory bail petition is dismissed as withdrawn against petitioner No.1.

Heard learned counsel for the petitioners No. 2 to 4 and the State.

2. Petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.48208 of 2023(2) dt.22-08-2023 2/3 registered for the offence punishable under Section 307, 323, 353 and some other ancillary Sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons, including these petitioners, are involved in illegal mining and storage of sand.

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that there is general and omnibus allegation of assault against all the FIR named accused persons, including these petitioners, but there is no injury report on record. Petitioners are neither driver nor owner of the tractor in question and they have got no concern with seized tractor. Petitioners have got clean antecedent.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, No. 2 to 4 above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief

Patna High Court CR. MISC. No.48208 of 2023(2) dt.22-08-2023 3/3 Judicial Magistrate, Jamui in connection with Jamui PS case No. 253/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T