Naveen Kumar @ Naveen Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.894 of 2023 Arising Out of PS. Case No.-177 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== 1.

Naveen Kumar @ Naveen Kumar Singh Son Of Krishna Sing R/O Vill.- Bihta, P.S.- Haspura, Distt.- Aurangabad 2.

Nitesh Kumar Son Of Krishna Sing R/O Vill.- Bihta, P.S.- Haspura, Distt.- Aurangabad 3.

Rishu Kumar Son Of Shailesh Singh R/O Vill.- Bihta, P.S.- Haspura, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 323, 353 and other allied sections of the Indian Penal Code. As per the prosecution case, a tractor loaded with 750 CFT illegally mined sand was intercepted by the police. It is further alleged that co-accused Nikhil Kumar along with other FIR named accused persons including two petitioners surrounded the police and began brick bating and forcibly took away the tractor.

Patna High Court CR. MISC. No.894 of 2023(2) dt.27-03-2023 2/2 It is submitted that petitioner has been made accused in this case merely because he happens to be brother of coaccused Nikhil Kumar who has already been granted anticipatory bail by a coordinate Bench of this court vide order dated 26.07.2022 passed in Cr. Misc. No. 68870 of 2021. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Aurangabad in connection with Haspura P.S. Case No. 177 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T