This petition seeks anticipatory bail for three accused facing charges of attempting to injure police personnel and illegal sand extraction. The High Court granted bail bonds.
Release on bail upon furnishing a bond of Rs. 10,000/- each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27910 of 2020
Arising Out of PS. Case No.-44 Year-2020 Thana- CHANAN District- Lakhisarai
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Niranjan Parihar, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 02-02-2021
Heard learned counsel for the petitioners and the learned
A.P.P. for the State.
The petitioners apprehend their arrest in connection with Chanan P.S. Case No. 44 of 2020, registered under Sections 307, 332, 333, 353 and 379/34 of the Indian Penal Code.
The accusation is that informant along with other police personnel proceeded for checking against illegal extraction of sand and reached at the bank of river in village Kundar then saw that 4 to 5 tractor drivers loading the sand in trailer attached with the tractor, moving from there with fast speed. When they were asked to stop the tractors then they started to flee away making attempt to dash the police personnel. At that time, tractor owners and 14 persons named
Patna High Court CR. MISC. No.27910 of 2020(2) dt.02-02-2021 2/2
in the FIR including the petitioners and 10 to 15 unknown indulged in extracting of illegal sand were creating nuisance in discharging of official duty by the police personnel and making attempt to cause injury to them.
Learned counsel for the petitioners submits that petitioners being the co-villager of the place of occurrence have falsely been implicated in the present case. Further submission is that petitioners have no criminal antecedent.
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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Lakhisarai, in connection with Chanan P.S. Case No. 44 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Bhardwaj/-
(Rajendra Kumar Mishra, J)
U T
1 issue framed by the court
Whether the petitioners, apprehending arrest in connection with sand extraction FIR involving injury to police, are entitled to bail.
1 provisions across 1 enactments
Neeraj Ram Ors.
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
