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Patna High Court - Orders

Rajendra Singh vs The State Of Bihar on 17 September, 2019

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58462 of 2019
                     Arising Out of PS. Case No.-136 Year-2018 Thana- RANIYATALAB District- Patna
                 ======================================================
           1.     Rajendra Singh, Son of Late Ram Dahin Singh Resident of Village -
                  Lahladpur, P.S.- Rani Talab, Dist.- Patna.
           2.    Kashinath Yadav Son of Brijanand Yadav Resident of Village - Lahladpur,
                 P.S.- Rani Talab, Dist.- Patna.
           3.    Ram Vinay Yadav Son of Suresh Yadav Resident of Village - Lahladpur,
                 P.S.- Rani Talab, Dist.- Patna.
           4.    Sanoj Yadav Son of Kameshwar Yadav Resident of Village - Lahladpur, P.S.-
                 Rani Talab, Dist.- Patna.
           5.     Bhutal Nath Yadav Son of Late Basant Yadav Resident of Village -
                  Lahladpur, P.S.- Rani Talab, Dist.- Patna.
                                                                     ... ... Petitioner/s
                                                      Versus
                 THE STATE OF BIHAR
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rana Baljit Singh
                 For the Opposite Party/s :        Mr.Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                                       ORAL ORDER

2   17-09-2019

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Rani Talab P.S. Case no. 136 of 2018, registered under Sections 336, 353, 406, 420 and 427 of the Indian Penal Code.

The accusation is that informant being the Junior Engineer of Sone Canal proceeded on 17.05.2018 for inspection of the canal then found near the village- Lahladpur, the ridge of the canal has been cut for carrying the sand by the sand smuggler. The informant inquired from the local people, but none disclosed the name of culprits.

Patna High Court CR. MISC. No.58462 of 2019(2) dt.17-09-2019 2/2 Learned counsel for the petitioners submits that petitioners are not named in the F.I.R. In course of investigation some witnesses, due to dirty village politics, disclosed the name of petitioners having hand in the cutting of canal and loading the sand on the vehicles. Further submission is that petitioner Nos. 1, 3, 4 and 5 have no criminal antecedent. Sri Abhay Kumar, Advocate appearing on behalf of the petitioners submits that petitioner No.2 Kashinath Yadav is accused in Rani Talab P.S. Case No. 301 of 2018 and Ranitalab P.S. Case No. 303 of 2018, but, he is on bail in both cases.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. 1 st Class, Danapur, Patna in connection with Rani Talab P.S. Case No. 136 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/-

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