Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85814 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- Badem P.S. District- Aurangabad ====================================================== Chhotu Kumar S/o Antu Rajbanshi R/o vill - Khadha Kerka, P.S. - NTPC Khaira, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shailesh Kumar Singh, Advocate For the State :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2025 Heard learned counsels for the parties.

2. At the outset, learned counsel appearing on behalf of the petitioner seeks permission to make corrections in the address of petitioner.

3. Permission, as prayed for, is accorded.

4. Office is directed to make the necessary changes.

5. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.

6. As per prosecution case, this petitioner is alleged to be involved in illegal transportation and storage of sand and when the police party raided the place, he left his tractor and fled away.

7. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has

Patna High Court CR. MISC. No.85814 of 2024(3) dt.28-01-2025 2/2 committed no offence. As a matter of fact, petitioner is driver of the tractor and was just doing his duties as per instructions of his master. It is further submitted that petitioner has already deposited the fine of Rs. 3,600/- before the concerned authority on 02.07.2024. Petitioner claims clean antecedents.

8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

9. Considering the aforesaid facts and circumstances, nature of accusation, the fact that petitioner has already deposited the fine and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge V, Aurangabad, Bihar in connection with Badem P.S. Case No. 25 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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