Dharmendra Prasad Singh @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20232 of 2019 Arising Out of PS. Case No.-188 Year-2016 Thana- PATLIPUTRA District- Patna ====================================================== Dharmendra Prasad Singh @ Dharmendra Kumar Son of Sarvan Kumar Resident of Village - Pachagawa, P.S.- Akbarpur, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406, 420/34 498A of the Indian Penal Code.

Prosecution case, in short, is that informant is that owner of three trucks and there was an oral agreement between informant and accused Amar Jyoti that Rs.2,50,000/- would be given to informant in every month as freight. The said negotiation was held before accused Niraj Kumar and the petitioner. All the three trucks are in possession of accused Amar Jyoti. There is apprehension that said trucks are being used for wrong purpose or to sell it out.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.20232 of 2019(2) dt.02-04-2019 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The truck in question was handed over to co-accused Amar Jyoti. No wrongful gain or wrongful loss has been caused by this petitioner. Other co-accused has been granted anticipatory bail vide Cr.Misc.No.76421 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Singh, Sub Judge XII-cum-A.C.J.M., Patna in connection with Patliputra P.S. case No.188 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T