Soni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.156 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- MANER District- Patna ====================================================== 1.
Soni Devi W/O DINESH RAI R/O VILL - SAHALICHAK, PS - MANER, DIST - PATNA 2.
RAMAWATAR RAI S/O - LATE VEER BHUVAN RAI R/O VILL - ANANDPUR, PS - BIHTA, DIST - PATNA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Adv.
For the Opposite Party/s :
Mr.Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Maner P.S. Case No. 386 of 2023 dated 25.05.2023 registered for the offences punishable u/ss 379 and 411 of the Indian Penal Code.
3. As per the prosecution case, during the vehicle checking by the police personnel, they saw that a sand loaded tractor was going toward Danapur. After seeing the police vehicle, the driver stopped the tractor and started to flee away leaving his tractor. The police personnel tried to catch but he succeeded to flee away. Then police came near the tractor and
Patna High Court CR. MISC. No.156 of 2024(2) dt.30-01-2024 2/3 found a mobile phone from the seat of the tractor. Thereafter, police seized the tractor.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the petitioner no. 1 is the owner of the said tractor whereas the petitioner no. 2 is the driver of the said tractor and the said tractor is having all the valid documents. The petitioner has already deposited the loss amount of Rs. 25,500/- in the S.B.I. Patna Main Branch through the Echalan dated 03.10.2023 in favour of the District Mining Officer, Patna through receipt no. BHR20231000067828M dated 03.10.2023. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Danapur in
Patna High Court CR. MISC. No.156 of 2024(2) dt.30-01-2024 3/3 connection with Maner P.S. Case No. 386 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T