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2025 DAILYLAW 31976 (PAT)

Anil Kumar v. The State of Bihar

CR. MISC./24419/2025 · 2025-04-30

Khatim Reza

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24419 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- DANAPUR District- Patna ====================================================== Anil Kumar S/o- Mundrika Rai, resident of Vill- New Gosai Tola, Ps-Danapur Dist- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. The Mines Commissioner cum Principal Secretary, Dept. of Mines and Geology, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP For O.P. No. 2 : Mr. Naresh Dishit, Advocates Mr. Brij Bihari Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 30-04-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for O.P. no. 2. 2. The petitioner seeks bail in connection with Danapur P.S. Case No. 116 of 2025 dated 05.02.2025, instituted for the offence punishable under Sections 303(2), 317(2) of the Bhartiyay Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that on the alleged date of occurrence, six overloaded sand laden tractors were passing through main road Pethiya Bazar. On seeing the police, the drivers/liners were tried to flee away but police chased and apprehended them including the petitioner. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.24419 of 2025(2) dt.30-04-2025 2/2 petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that at the spot, eight persons were apprehended, out of which, five persons is said to be driver of the said seized tractor. Neither the petitioner is owner of the any seized tractor nor he is the driver or Khalasi of the same. The petitioner has no concern with the said recovery. Lastly, it has been submitted that the petitioner is in custody since 06.02.2025 having no criminal antecedents. 5. Learned A.P.P. has opposed the prayer for bail of the petitioner. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Danapur, Patna in connection with Danapur P.S. Case No. 116 of 2025. premchand/- (Khatim Reza, J) U T