Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47770 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== KISHORE YADAV S/o Amarjeet Thakur @ Late Rudra Narayan Yadav Resident of Village- Fatehpur, P.S.- Industrial, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2022 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 three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 307, 353, 323, 147 and 147 of the Indian Penal Code and Section 56(2) of the Bihar Mineral (Concession) Prevention & Mining of Transportation and Storage Act, 2019. As per the F.I.R., the informant, who is Mining Inspector, stopped the tractor, which was overloaded with the stone chips. When the informant demanded challan from the tractor driver, he called the accused persons who badly assaulted the informant and they also assaulted the driver of his vehicle.

Patna High Court CR. MISC. No.47770 of 2022(3) dt.19-12-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by a Coordinate Bench of this Court vide order dated 11.08..2022 passed in Cr. Misc. No. 3722 and vide order dated 01.09.2022 passed in Cr. Misc. No.3575. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Industrial P.S. Case No. 134/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.