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Patna High CourtCR. MISC./5573/2020allowed

Md. Irfan @ Raju v. The State Of Bihar

2020-07-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5573 of 2020 Arising Out of PS. Case No.-407 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Irfan @ Raju Son of Md. Jubair Resident of Badari Jamal Petrol Pump behind Zeromile Gulabbagh, P.S.- Sadar, District-Purnea permanent address resident of Village - Suagapakar, P.S.- Mushari Dharari, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Sadar (Muffasil) P.S. Case No. 407 of 2019 for offences under Sections 406, 379 and 34 of the Indian Penal Code. It is alleged that the petitioner is driver of the truck on which the informant got loaded maize weighing total 31635 Kgs but the driver and owner disappeared the said truck with maize. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and nothing was recovered from conscious possession of the petitioner. He further submits that on the date and time of occurrence, the petitioner went to attend call of nature and when he came back,

Patna High Court CR. MISC. No.5573 of 2020(3) dt.01-07-2020 2/2 he did not found the said truck.

Considering the fact that the petitioner has no criminal antecedents, this Court is inclined to grant bail to him. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Sadar (Muffasil) P.S. Case No. 407 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to further condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of one month in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately.

(Anil Kumar Upadhyay, J) BT/- U T