Devendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7683 of 2018 Arising Out of PS.Case No. -241 Year- 2016 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Devendra Pandit, Son of Late Parameshwar Pandit, Resident of VillageDhorha, Police Station- Dhamaul, District- Nawadah .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arun Kumar, Adv. For the Opposite Party : Mr. Md. Ashlam Ansari, APP 241 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is apprehending arrest in connection with Pakribarawan P.S. Case No. 241 of 2016 for offences under Sections 341, 353, 379, 419, 420, 467, 468, 147 and 149 of the Indian Penal Code, 40 of the Bihar Minor Mineral Concession Rule, 1972 and 8 of the Bihar Illegal Mining Transportation, Storage and Disposal Rule, 2003.

Mr. Arun Kumar, learned counsel for the petitioner, submits that allegation against the petitioner is that he created hindrance in the official discharge of the duty of public servant inasmuch as, he was one of the persons who was instrumental in fleeing away of the tractor which was involved in illegal mining. The learned counsel for the petitioner submits that petitioner has

Patna High Court Cr.Misc. No.7683 of 2018 (2) dt.17-02-2018 2/2 no criminal antecedent. He submits that the petitioner was neither the owner of the tractor nor he was in any manner involved in the case, simply because he belongs to the same locality he has been implicated in this case.

In view of the above, the Court is inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, in the event of his arrest or surrender, within one month from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Pakribarawan P.S. Case No. 241 of 2016 to the satisfaction of the Judicial Magistrate, 1st Class, Nawadah, or successor Court, subject to the condition enumerated in Section 438(2) of the Criminal Procedure Code.

(Anil Kumar Upadhyay, J) SA/- U T