Krishna Thakur @ Krishna Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9264 of 2025 Arising Out of PS. Case No.-353 Year-2024 Thana- KHAIRA District- Jamui ====================================================== 1.
Krishna Thakur @ Krishna Kumar And Ors S/O Chandrashekhar Thakur R/O Vill.- Baghi Ward No-12 P.S-Maniyari ,Dist- Muzaffarpur 2.
Ranjit Kumar Singh S/O Fulaina Singh R/O Vill.- Rajaura, P.S- Begusarai, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Khaira P.S. Case No. 353 of 2024 dated 16.09.2024, instituted for the offence punishable under Sections 467, 468, 471, 420, 379, 411, 414, 413, 407, 408, 120(A) of the Indian Penal Code (338, 336(3), 340 (2), 318(4), 303(2), 317(2), 317(5), 317(4), 316(3), 316(4), 61 of B.N.S.)
3. The prosecution case as stated in the FIR is that on 16.09.2024 informant was a Civil Engineer and was posted at under construction Jamui Medical College, Bela, Jamui. For the purpose of construction, the work has been allocated to the
2/4 contractor of Jai Mata Di and Maa Sita Construction company. For weighing the materials of under going medical college on 06.07.2023, the company has specified one Dharam Kanta for measuring the weight of material (including saria/rod). In the afternoon of 14.09.2024, three vehicles came on the Dharam Kanta, and during the weighing of vehicle, one of the person has used the remote control, on seen this one staff Chiranjivi Jha has made a quarry regarding this, due to which, he became uncomfortable and attempted to run away from the place of occurrence, but he was caught by the company officials and on inquiry, he told his name Pramod Kumar Thakur.
On further inquiry, he stated that in collusion with staff of the company, Sachin Kumar, they have fixed a chip during the weighing and by way of conspiracy they used to sell the rod/saria which was to be used for the purpose of construction of under going Jamui Medical College. He also stated that whatever rod/saria they used to sell illegally, they compensate it at the time of weighing on the Dharam Kanta by way of chip and remote control. In this act along with Pramod Kumar the other persons namely Krishna Thakur, Ranjit Kumar Singh, Mithlesh Yadav, Pankaj Rana, the driver of trailer Brahmdeo Yadav, another drivers Tuna Kumar and Niraj Kumar were also involved.
3/4 stated that whatever they did in this particular act, they did it on the instruction of Mithlesh Yadav, and Mithlesh Yadav used to misappropriate and place it on the hotel of Bablu Yadav. One bundle of saria/rod was approximate 4,750/- Kg. While returning, these driver used to get Rs. 50,000/- per head. They have also stated that this work is going on since the inception of this Dharam kanta, Due to this criminal conspiracy by the accused persons the company has suffered loss of about 4 crore because of illegal sell of rod/saria by these accused persons.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners. It is further submitted that the petitioners have been made accused in this case only on the basis of disclosure made by Pramod Kumar Thakur, who was arrested at the spot. It is next submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner. Lastly, it has been submitted that the petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of
4/4 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 Khaira P.S. Case No. 353 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T