Md Abid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51752 of 2024 Arising Out of PS. Case No.-150 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== 1.

Md Abid S/O Md Husaini R/O Village- Lalmaniya, P.S- Laukaha (LALMANIYA O.P.), Distt.- Madhubani.

2.

Munni Khatoon @ Muni Khatoon W/O Badrudin @ Kari R/O VillageLalmaniya, P.S- Laukaha (LALMANIYA O.P.), Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Laukaha (Lalmaniya) P.S. Case No. 150 of 2020 dated 22.05.2020, lodged under Sections 147, 149, 323, 341, 379, 353, 224, 225 of the Indian Penal Code read with section 56(1) of the Mines and Minerals Act & BMC Prevention of Illegal Mining Transportation & Storage Rules 2019 & Section 15 of the Environment Protection Act, 1986.

3. As per the prosecution, FIR has been lodged six named accused persons (including the petitioners) and 20 unknown persons against whom there is an allegation that they have attacked on police party over illegal sand loaded on a tractor and subsequently, fled away.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.51752 of 2024(3) dt.21-09-2024 2/2 petitioners are innocent and have committed no offence. Counsel submits that the criminal antecedent of the petitioners are clean. Counsel further submits that name of the petitioners has been figured in this case only due to the reason that they are the co-villager of the tractor owner. Counsel submits that the tractor owner and driver of the said tractor have already been granted anticipatory bail from the Court below.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the petitioners were only the member of mob.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jhanjharpur, Madhubani in connection with Laukaha (Lalmaniya) P.S. Case No. 150 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dr. Anshuman, J) Divyansh/- U T