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Patna High CourtCR. MISC./3155/2016bail granted

Rahul Kumar v. State Of Bihar And ANR

2016-03-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3155 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -GOPALPUR District- PATNA ====================================================== Rahul Kumar, aged about 20 years, son of Shri Jagarnath Paswan, resident of Chowk, Sikandar, Police Station- Bidupur, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Gopalpur P.S. Case No. 153 of 2015, registered under Section 365 and 379 of the Indian Penal Code.

The accusation is that petitioner being the tempo driver bearing Reg. No. BR01GC-7540 loaded four pieces of LG Freeze, two pieces of LG Washing Machine, 35 pieces of L.G. LED TV total worth of Rs. 5,50,000/- to unload the same at M/s Patel Transport for sending the same to M/s. Jain Radio, but after four days, it was found that the aforesaid articles were not delivered at its destination.

Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.3155 of 2016 (3) dt.18-03-2016 2/2 petitioner submits that petitioner is a tempo driver and he loaded the material as detailed in the F.I.R. for unloading the same at the destination, but due to illness, petitioner could not unload the said materials at its destination, but Anil Kumar, brother of the petitioner after four days unloaded the aforesaid articles as detailed in para 21 of the case diary. The petitioner is in custody since 08.11.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Patna, in connection with Gopalpur P.S. Case No. 153 of 2015. (Rajendra Kumar Mishra, J) manish/- U T