Patna High Court – Orders
Sunny Kumar vs The State Of Bihar on 17 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55373 of 2024
Arising Out of PS. Case No.-434 Year-2023 Thana- CHAKAND District- Gaya
======================================================
SUNNY KUMAR S/O BINOD YADAV R/O VILLAGE- KANDI NAWADA,
P.S- CHAKAND, DISTT.- GAYA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-01-2025
Heard learned counsel appearing on behalf
of the parties.
2. The petitioner apprehends arrest in
connection with Chakand P.S. Case No.434 of 2023 registered
for the offence under Sections 147, 148, 149 341, 323, 307, 353,
337, 338, 379, 427, 504, 506 and 413 of the Indian Penal Code
and Section 21MM (D&R) and Section 56 of BM (CPIMTS)
Act.
3. The prosecution case as merging from the
FIR is that three tractors loaded with 125 Cft. Illegal sand were
seized by the police and while arranging for alternative drivers
for taking said tractors to the police station, local people
including the petitioner gathered and started abusing and pelting
Patna High Court CR. MISC. No.55373 of 2024(2) dt.17-01-2025
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stones over the police personnel, due to which they sustained
injuries and government vehicles were also got damaged.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has falsely been implicated
in the present case. It is submitted that altogether 24 persons are
made accused in the present case. It is submitted that no specific
allegation has been levelled against this petitioner rather the
allegation has been levelled against him is general and omnibus
in nature. It is submitted that similarly situated co-accused
persons have already been granted bail by a learned co-ordinate
Bench of this Court through Cr. Misc. No.27417 of 2024 on
20.05.2024. It is submitted that petitioner is a man of clean
antecedent.
5. Learned APP appearing on behalf of the
State, opposes the prayer of bail of the petitioner.
6. Considering the aforesaid facts and
circumstances of the case, submissions made on behalf of the
petitioner and similarly situated co-accused persons have
already been granted bail by a learned co-ordinate Bench of this
Court, where, case of the petitioner is identical to that case, let
the above-named petitioner be released on anticipatory bail in
the event of his arrest or surrender before the trial court within a
Patna High Court CR. MISC. No.55373 of 2024(2) dt.17-01-2025
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period of six 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 learned A.C.J.M. Xth, Gaya in
connection with Chakand P.S. Case No.434 of 2023 subject to
the condition laid down under Section 438(2) of Cr.P.C. and on
the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners has any criminal antecedents, learned
Court below shall cancel the bail bonds of the petitioner after
hearing them and getting satisfied that the petitioner has
concealed his criminal antecedent despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Ramesh Chand Malviya, J)
S.Katyayan/-
U T
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