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Patna High CourtCR. MISC./57427/2021allowed

Ramesh Kumar Sah @ Ramesh Sah v. The State Of Bihar

2022-07-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57427 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- MAHINDWARA District- Sitamarhi ====================================================== RAMESH KUMAR SAH @ RAMESH SAH S/o VAIDHNATH SAH R/o VILLAGE-BEDAULI, P.S- LALGANJ, DISTRICT-VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341/353/307/427/379/34 of the Indian Penal Code. Allegedly, a truck driven by the petitioner was seized for illegal transportation of stone.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.57427 of 2021(2) dt.12-07-2022 2/3 petitioner is quite innocent and has been falsely implicated in this case. He after depositing valid challan of the alleged stone was taking away the truck. There is no specific overt act against the petitioner. However, after some arguments, it is submitted by learned counsel for the petitioner that the petitioner is agreed to deposit the loss amount of Rs.2,14,000/- in the Mines Department and Rs.74,000/- in the Transport Department. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since petitioner is ready to deposit the loss amount in the concerned departments, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mahindwara P.S. Case No.105 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, the bail bond of the petitioner shall be

Patna High Court CR. MISC. No.57427 of 2021(2) dt.12-07-2022 3/3 accepted by the learned Court below on showing receipt of deposit of Rs.2,14,000/- in the Mines Department and Rs.74,000/- in the Transport Department.

(Anjani Kumar Sharan, J) pallavi/- U T