Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58352 of 2024 Arising Out of PS. Case No.-144 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== 1.
SANJAY KUMAR SON OF RAMBHAWAN RAY VILLAGE - KANS DIAR, POLICE STATION - DORIGANJ, DISTRICT - SARAN 2.
SARVAN KUMAR SON OF SUMAN RAY VILLAGE - KANS DIAR, POLICE STATION - DORIGANJ, DISTRICT - SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Radha Krishna, Advocate For the State :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379, 411 and 120B of the Indian Penal Code and Section 194 of the Motor Vehicle Act.
3. As per prosecution case, these petitioners are alleged to be owner and driver of the trucks which were seized with illegally mined sand.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Though, at this stage,
Patna High Court CR. MISC. No.58352 of 2024(2) dt.19-09-2024 2/3 without admitting their guilt, it is submitted that petitioners are ready to deposit a sum of Rs. 1,00,000/- each before the District Mining Officer, Bhojpur at Ara. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Sandesh P.S. Case No. 144 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure along with a condition that:- "(i) Petitioners shall deposit a sum of Rs. 1,00,000/- (One lakh) each before the District Mining Officer, Bhojpur at Ara, and produce a receipt of the same at
Patna High Court CR. MISC. No.58352 of 2024(2) dt.19-09-2024 3/3 the time of furnishing bail bond.
(ii) The aforesaid payment shall be subject to the final outcome of the case. "
8. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.
(Prabhat Kumar Singh, J) shashank/- U T