Dipak Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47574 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== 1.
DIPAK SINGH Son of Ajay Singh @ Pappu Singh Resident of VillageManichak, Police Station-Islampur, District-Nalanda. 2.
Gautam Singh Son of Sita Ram Singh Resident of Village-Katru bigha, Police Station-Parbalpur, District-Nalanda. Presently residing at Renter in the house of Mithilesh Nirala, Gaya Road, Police Station-Islampur, DistrictNalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Islampur P.S. Case No.158 of 2019 registered under Sections 341, 342, 379, 353, 120(B), 323 and 504 of the Indian Penal Code. The accusation is that a truck overloaded with sand was seized and parked at the premises of Islampur Block, where the informant was posted as Guard. In the night of 17.04.2019 at about 10.30 P.M., the petitioners along with the owner of the truck came there and started to abuse the informant, got him confined and took away the seized truck.
Learned counsel for the petitioners submits that during the
Patna High Court CR. MISC. No.47574 of 2019(2) dt.31-07-2019 2/2 hearing of the prayer of the petitioner for pre-arrest bail in the court of Additional Sessions Judge-I, Hilsa (Nalanda), a report was called for from the B.D.O., Islampur regarding truck, then the B.D.O. through letter no.413 dated 22.05.2019 reported the court that empty truck is still parked in the campus of Islampur Block. In fact, after seizure of the truck, which is said to be overloaded with sand, the police officials and others sold the sand and only to justify themselves got managed to lodge the present false case. The petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa (Nalanda), in connection with Islampur P.S. Case No.158 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T