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Patna High Court - Orders

Md. Haidar vs The State Of Bihar on 13 July, 2022

Author: Sunil Kumar Panwar

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65284 of 2021
                    Arising Out of PS. Case No.-188 Year-2021 Thana- WARISLIGANJ District- Nawada
                 ======================================================
           1.     MD. HAIDAR S/o Md. Mizamuddin Resident of Mohalla- Chondi (Ward
                  No.6), Barh, Police Station- Barh, District- Patna.
           2.    ARUN YADAV S/o Naro Gope Resident of Village- Gulab Bag, P.S.- Barh,
                 District- Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun Kumar Arun, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

2   13-07-2022

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 188, 353, 332, 333, 337, 338, 427, 379 and 441 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that on secret information received by the police that at some place illegal stock of sands are dumped and at the place of occurrence police reached and found one Haiwa truck was being loaded with sands. It is further alleged that one JCB and one truck without number were also seized and the drivers and the owner of the seized vehicles Patna High Court CR. MISC. No.65284 of 2021(2) dt.13-07-2022 2/2 managed to escape and thereafter vehicles along with 30-40 unknown persons arrived there and attacked on the police force.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that no specific allegation has been levelled against them and petitioners have deposited compensation amount which incurred to the exchequer of the government i.e, of Rs.31,000/-. Petitioners have got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Nawada in connection with Warsaliganj P.S. Case No. 188 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/-

U       T