Dismissed¶¶44

Ramsubhash Kumar @ Ramsubhash Yadav v. The State of Bihar

Patna HC23 Jan 2025CR. MISC./83993/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected — Patna High Court, Prabhat Kumar Singh, J., 23-01-2025 — Crl. Misc. Nos. 80295, 83199, 83993 of 2024 — PS Case No. 441/2024, Thana Bihar, District Nalanda — illegal excavation and transport of soil/sand by J.C.B. and tractors near Goithwa river — attack by sand mafia on raiding party; S.H.O. Ramshankar Singh seriously injured — names disclosed by apprehended accused — IPC Ss. 147, 148, 149, 341, 323, 324, 332, 333, 307, 353, 355, 379, 411, 504, 506 and Arms Act S. 27 — criminal antecedents — bail prayer rejected.

What did the court decide?

Considering the facts and circumstances, the nature of accusation and the criminal antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners in all three connected applications is rejected. ¶¶44

Ramsubhash Kumar @ Ramsubhash Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80295 of 2024

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Arising Out of PS. Case No.-441 Year-2024 Thana- BIHAR District- Nalanda

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

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Munna Kumar @ Munna Yadav S/O Late Mahavir Yadav Resident of VillageNakatpura, P.S.- Bihar, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 83199 of 2024

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Arising Out of PS. Case No.-441 Year-2024 Thana- BIHAR District- Nalanda

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

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Ramhari Yadav Son of Ramjanam Yadav Vill- Nakatpura PS -Bihar Distt -Nalanda

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Karu Yadav son of Birbal yadav Vill- Nakatpura PS -Bihar Distt -Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 83993 of 2024

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Arising Out of PS. Case No.-441 Year-2024 Thana- BIHAR District- Nalanda

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====================================================== Ramsubhash Kumar @ Ramsubhash Yadav Son of Rambhros Yadav Resident of village - Nakatpura, P.S.- Muraura, District - Nalanda.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 80295 of 2024) For the Petitioner : Mr. Anil Kumar No. I, Advocate For the State : Mr. Pramod Kr. Pandey, APP (In CRIMINAL MISCELLANEOUS No. 83199 of 2024) For the Petitioners : Mr. Raj Kishor Prasad, Advocate For the State : Mr. Yogendra Kumar, APP

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... ... Opposite Party/s

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Patna High Court CR. MISC. No.80295 of 2024(3) dt.23-01-2025

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2/4

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(In CRIMINAL MISCELLANEOUS No. 83993 of 2024) For the Petitioner : Mr. Ayush Kumar, Advocate For the State : Mr. Jai Narain Thakur, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 23-01-2025

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Heard learned counsels for the parties.

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Since all these bail applications arise out of the

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same P.S. case number, they are being taken up together and disposed of by this common order.

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The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 332, 333, 307, 353, 355, 379, 411, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

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As per prosecution case, on the alleged date and time of occurrence, on secret information, informant along with police party reached near Goithwa river and saw that soil and sand was being excavated and transported by J.C.B. machine. As soon as the police party moved forward, they saw that a J.C.B. machine and about 3 tractors were loaded with soil and 8 tractors were empty. On seeing the police party, 25-30 people, who were doing excavation, left the tractors and J.C.B. and started fleeing away towards Nakatpura village. Thereafter, it is alleged that hundreds of sand Mafiya , in order to free the tractors and J.C.B. machine, while abusing and firing, attacked on the raiding party due to which, S.H.O. Ramshankar Singh

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Patna High Court CR. MISC. No.80295 of 2024(3) dt.23-01-2025 3/4

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was seriously injured. While running away, 5 persons were caught who disclosed the names of 31 sand Mafiyas .

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It is submitted by learned counsels appearing on behalf of the respective petitioners that petitioners are innocent and have falsely been implicated in this case merely on suspicion. Petitioners are not owners of the vehicles which were seized at the spot. They have been named in this case only on the basis of disclosure made by the apprehended persons. Except confessional statement, there is no material on record to show the accomplicity of these petitioners in the alleged occurrence.

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On the other hand, learned A.P.Ps. for the State have vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is specific accusation that they, along with other accused persons, are involved in illegal excavation and trade of sand. It is further alleged that these petitioners, along with other accused persons, attacked upon the police party as a result of which S.H.O. Ramshankar Singh got seriously injured. Petitioners have also got criminal antecedents.

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