Mukesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84991 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- CHAKAND District- Gaya ====================================================== Mukesh Chaudhary Son of Chhotah Chaudhary Resident of Village- - Kebali, P.S. - Chandauti, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Chakand P.S. Case No. 153/2024 registered for the offences punishable under Sections 353, 379, 411, 307, 504 of the Indian Penal Code and Sections 21 and 56 of the M.M. (D &R) BM (CPIMTS) Act.
3. As per prosecution case, on 05.06.2024 at 9:00 AM the informant alongwith others police officials reached near Murkatta village and tried to stop the tractor loaded with sand but the driver of the said tractor abused, threatened and tried to drive over them. It is alleged that the said tractor met with an accident and the driver of the tractor fled away from the place of occurrence. FIR has been lodged against tractor.
Patna High Court CR. MISC. No.84991 of 2024(2) dt.11-12-2024 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner is not named in the FIR and his name has been surfaced in this case during course of investigation as an owner of the said tractor. The petitioner bears no criminal antecedent. He further submitted that the petitioner has deposited the fine of Rs.22,500/- imposed by the D.T.O. and he has also deposited the fine of Rs.35,650/- imposed by the Mining Department, which is annexed as Annexures-P2 and P2/1 of the bail petition.
5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIV, Gaya in connection with Chakand P.S. Case No.
Patna High Court CR. MISC. No.84991 of 2024(2) dt.11-12-2024 3/3 153/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Alok Kumar Pandey, J) amitkumar/- U T