Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 83200 of 2024 Arising Out of PS. Case No.-179 Year-2024 Thana- CHAKAND District- Gaya ====================================================== Bipin Kumar, Son of Dilkeshwar Yadav, Resident of village- Naugarh , P.SChakand, District- - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and Mr. Ahmad Ali, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chakand P.S. Case No. 179 of 2024 instituted for the offence under Sections191(2), 191(3), 190, 127(1), 115(2), 132, 109, 324(4), 303(2) and 317(2) of Bhartiya Nyay Sanhita, 2023.
3. The case of the prosecution is that police received information that illegal sand was being carried on five tractors. During the checking, the police tried to intercept the tractors in the meanwhile 20-25 persons arrived on 10 bikes. It is further alleged that these persons attempted to kill the police personnel by tractors and ultimately the tractors with
Patna High Court CR. MISC. No. 83200 of 2024(2) dt.12-12-2024 2/3 the illegal sand fled away from that place. After this, local Chaukidar identified 10 persons. Petitioner is one of them.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that from perusal of the F.I.R. itself is clear that there is no specific allegation against any person and it is also clear the nobody has been hurt in the said occurrence. It is only that the intercepted tractors having loaded with illegal sand fled away. It has been submitted that petitioner has no concern in any way with the sand or the tractors. He is having no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chakand P.S. Case No. 179 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the
Patna High Court CR. MISC. No. 83200 of 2024(2) dt.12-12-2024 3/3 like amount each to the satisfaction of learned J.M. 1st Class, Gaya, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) lata/- U T