Raj Kishore Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7181 of 2019 Arising Out of PS. Case No.-120 Year-2017 Thana- INDUSTRIAL District- Bhagalpur ====================================================== RAJ KISHORE SAHNI Son of Late Sant Lal Sahni Resident of Village - Naya Tola Baliya, P.S.- Manihari, District- Katihar. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiwesh Chandra Mishra For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-02-2019 Heard both sides.
The petitioner apprehends his arrest in Industrial P.S. case No. 120 of 2017 registered under Section 379 of the Indian Penal Code.
The Joint Commissioner-cum-Secretary, Regional Transport Authority, alleged in his letter addressed to the officer-in-charge that one truck bearing registration No. BR11GA-0958 was seized and kept in the premises of the police station but even after lapse of long time no petition for release of the vehicle was filed and on enquiry the vehicle was not found inside the premises of the vehicle. The informant alleged that petitioner, owner of the vehicle, committed theft of the vehicle from the premises of the P.S.
The learned counsel for the petitioner submits that on
Patna High Court Cr.Misc. No.7181 of 2019(2) dt.07-02-2019 2/2 the face of allegation, it appears that S.H.O. of the vehicle was responsible for missing or release of the vehicle without following the procedure of law and owner cannot be held responsible for such acts.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial P.S. case No. 120 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T