Chote Kumar @ Lallu @ Gita Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15604 of 2024 Arising Out of PS. Case No.-1467 Year-2023 Thana- NAWADA District- Nawada ====================================================== 1.

Chote Kumar @ Lallu @ Gita Kumar Son of Arjun Singh Resident of Charol, P.S.-Kawakol, District- Nawada 2.

Raushan kumar @ krishna Murari Son of Rajkumar Singh Resident of Manjaur, P.S.-Warsaliganj, District- Nawada 3.

Anil Singh Son of Ram Naresh Singh Resident of Manjaur, P.S.-Warsaliganj, District- Nawada 4.

Saurabh Kumar @ Rambul Kumar @ Saurabh Suman Son of Ramanu Kumar Resident of Manjaur, P.S.-Warsaliganj, District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Annu Kumar Son of Ram Pravesh Ram Resident of Chirali, P.S. - Navinagar, District - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Choudhary For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nawada P.S. Case no. 1467 of 2023 instituted for the offence under Sections 147, 148, 149, 323, 337, 307, 353, 379, 411 and 504 of the Indian Penal Code, Section 21 of M.M.D.R. Act and Section 15 of E.P. Act.

Allegation against the petitioners is that they along

Patna High Court CR. MISC. No.15604 of 2024(3) dt.04-04-2024 2/3 with other co-accused persons were creating hindrance in discharging the official duty by pelting stones on the raiding party when they arrived to take action against illegal mining of sand.

Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have committed no offence. The name of the petitioners has been dragged by the police of local station. They have no concern with the illegal mining of sand. Nothing incriminating article has been recovered from their conscious possession. There is no independent witness of the seizure list. Petitioners were not apprehended on spot. Similarly situated other co-accused person has already been granted regular bail by this Court vide order dated 08.01.2024 in Cr. Misc. No. 83439 of 2023. 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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nawada P.S. Case no. 1467 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.15604 of 2024(3) dt.04-04-2024 3/3 amount each to the satisfaction of learned C.J.M., Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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