Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73885 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.

Pawan Kumar Son of Jitendra Kumar Nirmala Village -Khem Tarai Sthan Suryagarha PS -Suryagarha Dist -Lakhisarai 2.

Dharamraj Kumar son of Shankar Yadav Village -Khem Tarai Sthan Suryagarha PS -Suryagarha Dist -Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Yadav, Adv For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard the parties.

2.

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

3.

As per the FIR, the informant seized two Hyva Tipper loaded with illegal sand at a petrol pump. The drivers of the said vehicle were not present on the spot. Petitioner no.1 is the owner of one of the vehicle and petitioner no.2 is the driver of the vehicle of petitioner no.1.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. It is further

Patna High Court CR. MISC. No.73885 of 2024(2) dt.26-10-2024 2/2 submitted that the petitioners have deposited Rs.1,31,950/- in the Mining Department, Lakhisarai, which is apparent from the impugned order. Petitioner no.1 has one criminal antecedent and petitioner no.2 has 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, since the petitioners have already deposited the loss amount, 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 Piri Bazar P.S. Case No.77 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