Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50864 of 2022 Arising Out of PS. Case No.-296 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== Chandan Kumar, Son Of Ramashray Raut, Resident Of Village - Ghosrawan, P.S.- Giriyak (Pawapuri O.P.), District - Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three 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 u/s 379, 411, 420 and 120(B) of the Indian Penal Code.

As per the prosecution case, the police seized one tractor involved in illegal excavation of sand while the driver of the said tractor fled away after unloading sand from the tractor. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He further

Patna High Court CR. MISC. No.50864 of 2022(2) dt.09-01-2023 2/2 submitted that no sand was seized from the said tractor. The petitioner is the driver of the said tractor. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda at Bihar Sharif in connection with Giriyak P.S. Case No. 296 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T