Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48587 of 2022 Arising Out of PS. Case No.-296 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== PANKAJ KUMAR S/o Umesh Singh Resident of Village- Ghosrawan, P.S.- Giriyak, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh,Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-11-2022 Learned counsel for the petitioner is permitted to remove the defect (s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379,411,420,120(B) of IPC.

The prosecution case, in short, is that on 11.06.2022 the informant received information that illegal mining of sand is being done in Sakari river near Saidih village. On this information, when the informant alongwith others police personnel reached there, he saw that one tractor driver fled away after unloading the sand from his tractor. Accordingly the said

Patna High Court CR. MISC. No.48587 of 2022(2) dt.30-11-2022 2/3 tractor and trailer has been seized.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR that the driver of the vehicle was fled away from the place of occurrence and in fact the petitioner is owner of the vehicle in question and petitioner has no concern at all with the alleged occurrence.

Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Giriyak P.S. Case No. 296 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.48587 of 2022(2) dt.30-11-2022 3/3 and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(2) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T