Vivek Singh @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55577 of 2022 Arising Out of PS. Case No.-552 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== VIVEK SINGH @ VIVEK KUMAR Son of Late Ashok Singh Resident of Village - Tilora , P.s.- Wazirganj, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 379, 411, 353, 504, 143/34 of the I.P.C. & M.M. (R.D.) 1957 Rules & 21(I) E, 156(I), 61 of B.M. (CPIMTS) Rules 19.

On the basis of secret information about illegal mining, storage and transportation of sand at Milky Ghat, a raid was conducted and one co-accused Kundan Singh was apprehended, whereas 4 -5 miscreants fled away on Scorpio after loading the sand on Forguesion Tractor. It is further alleged that 15-20 villagers forcibly took away the tractor. It is submitted on behalf of petitioner that petitioner has been made accused in this case on the basis of confessional statement of co-accused Kundan Singh, who was arrested on spot. Petitioner is neither owner nor driver of the tractor in question. Similarly situated co-accused Manish Kumar has

Patna High Court CR. MISC. No.55577 of 2022(2) dt.22-12-2022 2/2 already been granted anticipatory bail by this Court, vide order dated 29.11.2022 passed in Cr.Misc. No. 41169 of 2022. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged 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 A.C.J.M. - I, Gaya in connection with Wazirganj P.S. Case No. 552 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T