Anticipatory bail application by the owner of a tractor recovered overloaded with sand in Piro PS Case No. 49 of 2024. The court granted anticipatory bail subject to CrPC Section 438(2) conditions on furnishing bail bonds.
Anticipatory bail granted on bond of Rs.10,000 with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53896 of 2024
Arising Out of PS. Case No.-49 Year-2024 Thana- PIRO District- Bhojpur
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Kulbansh Singh S/o Bideshwari Singh Resident Of Village West Englishpur Baluta Police Station Piro District Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv. For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
2 28-08-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Piro P.S. Case No. 49 of 2024 dated 11.02.2024, instituted for the offence punishable under Sections 379, 411/34 of the Indian Penal Code.
3. The allegation against the petitioner is that the petitioner is the owner of recovered white blue coloured Swaraj tractor which was over loaded with sand without having any registration number.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner purchased white blue coloured Swaraj tractor on 05.02.2024 and the same was
Patna High Court CR. MISC. No.53896 of 2024(2) dt.28-08-2024 2/3
registered after depositing the registration charge in the office of DTO and the said occurrence took place on 11.02.2024. At the time of occurrence the registration number was not supplied by the DTO office. It is submitted that the police party falsely implicated the petitioner and also seized the said vehicle without confirming its validity of purchase. It is also submitted that the said sand was purchased through challan . It is false to say that the sand was without any valid papers. It is submitted that the allegation against the petitioner is that without having any registration number the said tractor was recovered over loaded with sand and the said sand was illegally transported by the petitioner or his driver. It is further submitted that the Mines Department has never claimed any illegal transportation of the said sand. Lastly, it has been submitted that he has no criminal antecedent.
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, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Piro P.S. Case No. 49 of 2024, he shall be released on anticipatory bail upon
Patna High Court CR. MISC. No.53896 of 2024(2) dt.28-08-2024 3/3
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ivth, Bhojpur at Ara, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J)
prabhat/-
U T
1 issue framed by the court
Whether the petitioner apprehending arrest in a case of alleged theft/illegal transport of sand-laden tractor deserves anticipatory bail.
2 provisions across 2 enactments
Kulbansh Singh
The State of Bihar
Khatim Reza
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
