Lakshmi Shankar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9036 of 2022 Arising Out of PS. Case No.-180 Year-2021 Thana- ISUAPUR District- Saran ====================================================== Lakshmi Shankar Dubey Son Of Kedar Nath Dubey R/O Village- Dharaila, Post- Dadva Pandey, P.S.- Rudhouli Khurd, District- Basti, Rudranagar, Utter Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 379, 353, 411 of the Indian Penal Code.

Prosecution case, in short, is that six trucks were seized in police custody and the accused persons tried to take the seized trucks from custody of police.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.9036 of 2022(3) dt.06-05-2022 2/2 the petitioner. The petitioner has been made accused due to mistake of fact as he happens to be the owner of the truck in question. Said truck was used by the transporter for carrying sand. Said truck was seized by the police. The allegation of taking the truck away from the custody of police is against driver and cleaner. The petitioner had no knowledge regarding the alleged incident. Altogether 7 persons are named in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saran at Chapra in connection with Isuapur P.S. case No.180/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T