Jamil Ahmad @ Jamil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62321 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Jamil Ahmad @ Jamil Son of Shekh Kamrul R/o Village- Madhopur, P.S.- Turkauliya, District- East Champaran 2.

Md. Saidullah @ Saudullha Son of Abdul Jabbar R/o Village- Madhopur, P.S.- Turkauliya, District- East Champaran 3.

Toffir Alam Son of Jahin Ali R/o Village- Tansariya, Shankar Saraiya, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mili Kumari For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsels for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379, 411, 353 of the Indian Penal Code.

3.

The allegation against the petitioners is that they were carrying illegal sand for mining in different trucks and they also pelted stones on police personnel creating hindrance in discharge of their official duty. Petitioner no.1 is the driver and owner of one truck and petitioner no.2 and 3 are owner and driver of another truck, respectively.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.62321 of 2024(2) dt.01-10-2024 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submitted that the petitioners have deposited the loss caused to the Government in the concerned Department, which is also clear from Annexure-P/2 of the bail application. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chapra Muffasil P.S. Case No.167 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T