Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50698 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Sunil Kumar S/O Amin Sah R/O Village- Persauni Maulwar, P.S. Parsauni, Dist. Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre- arrest bail in connection with Parsauni P.S. Case No. 49 of 2023 registered for the offences punishable under Sections 188, 353, 379, 504, 506/34 of the Indian Penal Code and Section 56 of Bihar Minerals (Concession Prevention of Illegal Mining, Transportation and Storage Amendment) Act, 2021. He has got no criminal antecedent.

3. As per the prosecution story, on 24.03.2023 at about 08:30 P.M. when the informant along with other police personnel was on patrolling duty, he raided a truck bearing registration no. BR01GJ9227 at Parsauni Petrol Pump. The said truck was carrying about 800 cft of sand without having valid license. When the informant tried to seize the said truck, the petitioner along with others stopped him and threatened to burn the truck. They also managed to free the truck and escaped.

Patna High Court CR. MISC. No.50698 of 2023(2) dt.23-08-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is having some dispute with the Officer-in-charge of Parsauni police station due to which the present FIR has been lodged.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the nature of allegations in which it is alleged that the truck in question was carrying out 800 cft of sand without challan and when the informant and his party had seized the said vehicle and was taking away the same, this petitioner who is an Ex-mukhiya intervened along with others and opposed the informant and threatened to burn the truck and, thus, they were successful in getting freed the truck loaded with sand, this Court, having a view that the petitioner being Ex-mukhiya had allegedly indulged in getting freed the truck loaded with illegally extracted sand, is not inclined to grant privilege of anticipatory bail to the petitioner.

7. Prayer is refused.

8. This application is dismissed.

(Rajeev Ranjan Prasad, J) lekhi/- U T