Jairam Yadav @ Jairam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74568 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Jairam Yadav @ Jairam Kumar S/o Dhaneshwar Yadav R/o Village- Dohra, P.S. Nardiganj, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Nardiganj P.S. Case No.208/2024, registered for the offence punishable u/s 121, 303(2), 338, 336, 336(3) of B.N.S., 2023. 3.

As per the prosecution case, on a police raid in Ajay Studio, several fake challans relating to transportation of sand, were recovered and one Ajay Kumar Gupta was apprehended from the spot, who disclosed that the petitioner and others are involved in illegal mining of sand and on their demand, the fake duplicate challans were printed and downloaded. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.74568 of 2024(2) dt.28-10-2024 2/2 motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has neither been apprehended from spot nor has any concern with the recovery of fake challans or with illegal transportation of sand. His name transpired in this case only on the basis of confessional statement of the apprehended co-accused. Petitioner has six criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that the petitioner is involved in the illegal mining and transportation, which causes loss to the Government. 6.

Considering the aforesaid facts, the nature of allegation and the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T