Patna High CourtCR. MISC./5769/2019dismissed

Manoj Rai v. The State Of Bihar

2019-03-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5769 of 2019 Arising Out of PS. Case No.-136 Year-2013 Thana- BALIYA District- Begusarai ====================================================== Manoj Rai, song of Sri Jai Rai R/o village-Kaitholia, P.S- Bidupur, DistrictVaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2019 The petitioner apprehends his arrest in connection with Balia P.S.Case No. 136 of 2013 registered under Sections 406 and 420 of the Indian penal Code.

Allegation as per FIR is that the informant has booked 245 packets of maize from Begusarai to Darbhanga but the accused persons did not supply the goods of the informant at its destination and its appears that later on truck was found at the Sasural of petitioner but the goods were not found loaded on the truck.

Submission of learned counsel for the petitioner is that owner of the truck and the proprietor of Nav Durga Transport have already been granted privilege of anticipatory bail, mentioned in para-13 of this application, by co-ordinate Benches of this Court vide order dated 21.10.2013 passed in Cr.

Patna High Court CR. MISC. No.5769 of 2019(3) dt.28-03-2019 2/2 Misc. No. 43870 of 2013 and order dated 10.04.2015 passed in Cr.Misc. No. 41918 of 2014 and petitioner is only cleaner. Heard learned APP also who has opposed the prayer of anticipatory bail on the ground that petitioner is driver which will appear from the FIR itself and further the truck was found at the Darbaja of the Sasural of petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) sujit/- U T