Ananat Kumar @ Anand Mohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83016 of 2023 Arising Out of PS. Case No.-1467 Year-2023 Thana- NAWADA District- Nawada ====================================================== Ananat Kumar @ Anand Mohan Son Of Bipin Singh Resident Of Village - Manjaur, Police Station - Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 337, 307, 353, 379, 427, 411, 504 of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant received a secret information that illegal mining and storage of sand were being done by the accused persons. On getting such information, he along with other police official went to the spot and arrested two persons along a tractor. It is alleged that thereafter,

Patna High Court CR. MISC. No.83016 of 2023(2) dt.04-01-2024 2/3 all the accused persons named in the F.I.R as well as other unknown persons attacked on the raiding team and assaulted with bricks and stones, as a result of which, many persons of the raiding team sustained injuries. It is alleged against the petitioner that petitioner was involved in the illegal excavation of sand and thereby caused huge loss to the government exchequer. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner was not apprehended from the spot and hie name subsequently came into light on the disclosure made by the Chaukidar. The petitioner was neither present at the place of seizure nor he is the owner of any seized motorcycle or tractor. The petitioner has no concern with the alleged illegal excavation of sand or the apprehended accused persons. The petitioner is languishing in custody since 30.09.2023.

Patna High Court CR. MISC. No.83016 of 2023(2) dt.04-01-2024 3/3 In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (Kadirganj O.P) P.S. Case No. 1467 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T