Arvind Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19800 of 2024 Arising Out of PS. Case No.-318 Year-2022 Thana- SONEPUR District- Saran ====================================================== Arvind Ray Son of Ramdeo Rai Resident of Village-Languraon, Police Station-Mahua in the district of Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Adv.

For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379 of the I.P.C.

3. As per the prosecution case, it is alleged that the truck in question was seized in connection with Sonepur P.S. Case No. 298 of 2022 and was parked in Ramana Maidan which was taken away by this petitioner along with other accused persons.

4. Learned counsel for the petitioner submits that the petitioner is driver of the alleged truck which was seized on 29.04.2022 and since then, the alleged seized truck was kept in Ramna Maidan which is Malkhana of Sonepur Police Station. As a matter of fact, the informant who was deputed to look after

Patna High Court CR. MISC. No. 19800 of 2024(2) dt.02-04-2024 2/2 the seized truck, rented out the seized truck to some other person. When the petitioner saw that someone else is driving the truck, he stopped the truck and the driver fled away, leaving the truck on road. It is submitted that the informant in order to save his skin, lodged this false and concocted case against this petitioner. It is further submitted that similarly situated coaccused, namely, Dina Nath Rai, who is owner of the alleged truck has already been granted anticipatory bail by this Court vide order dated 18.05.2023 passed in Cr. Misc. No. 15183 of 2023.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S. Case No. 318 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) sadique/- U T