Disposed

Birendra Nath Prajapti @ Virendra Prajapti v. The State of Bihar

Patna HC23 Aug 2022CR. MISC./5254/2022

Case brief

AI extract

What is this about?

The High Court at Patna allowed an interim bail petition pending final order. The court directed counsel to remove defects pointed by the Stamp Reporter within one month. Bail was granted subject to conditions including furnishing a bond and complying with the Chief Judicial Magistrate.

What did the court decide?

Directed counsel to remove defects within one month; granted interim relief allowing release on bail upon compliance and furnishing a bond of Rs. 10,000/- with sureties before the Chief Judicial Magis

Birendra Nath Prajapti @ Virendra Prajapti Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5254 of 2022

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Arising Out of PS. Case No.-133 Year-2021 Thana- RAJPUR District- Buxar

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======================================================

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BIRENDRA NATH PRAJAPTI @ VIRENDRA PRAJAPTI S/o Roop Chand Prajapati R/o Village Niyanv, P.S. - Virna, District - Ghazipur (Uttar Pradesh).

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DURGA VIJAY RAM S/o Girdhari Lal Ram R/o Village Biwipur, P.S. - Virna, District - Ghazipur (Uttar Pradesh).

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr.Mohit Shriwastava For the Opposite Party/s: Mr.Shyameshwar Dayal

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====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 23-08-2022

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Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioners as well as the learned APP for the State.

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The petitioners apprehend their arrest in connection with Rajpur P.S. Case No. 133 of 2021, registered for the offences punishable under Sections 379, 411 of the Indian Penal Code and 56 (2), 56 of Bihar Minor Minerals and Concession Rule, 2019 and 21 M.M.D.R., Act, 1957.

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Learned counsel for the petitioners has submitted that the petitioner No. 1 is owner and petitioner No. 2 is driver of a truck wherefrom allegedly illegal mined sand was recovered. Learned counsel has submitted further that the petitioners are the persons of

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Patna High Court CR. MISC. No.5254 of 2022(2) dt.23-08-2022 2/2

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clean antecedents. They have deposited the compounding fine. In this respect, Annexure-2 had been filed. He has also submitted that on similar footing some co-accused persons have been granted anticipatory bail in Cr. Misc. No. 114 of 2022.

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Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 133 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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SONALI/- U T

Birendra Nath Prajapti @ Virendra Prajapti v. The State of Bihar

Case brief

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Birendra Nath Prajapti @ Virendra Prajapti v. The State of Bihar

Case brief

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