Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22542 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Raj Kumar S/o Rajendra Prasad R/o vill - Aadarsh Nagar, Quarter No. 241, P.s. - Dhurva, Distt. - Ranchi State - Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.
3. As per the prosecution case, on 07.08.2023, 25.102 metric tonnes rice was loaded on the truck bearing No. UP1ZT4263 which was to be delivered to Nimapara, Bhubneshwar, Odisha but the same did not reach the destination. Informant suspects that this petitioner along with other accused persons disappeared the loaded rice.
4. It is submitted on behalf of the petitioner that he has falsely been implicated in this case only on suspicion. Petitioner is neither owner nor driver of the truck in question. Petitioner is a commission agent and he has only provided
Patna High Court CR. MISC. No.22542 of 2024(3) dt.19-06-2024 2/2 vehicle to the Manager of Baba Agro Food Limited, Aurangabad from Sri Balaji Roadways Transport Service, Ranchi. He further submits that no material has come against petitioner during the investigation to show his complicity in the present case.
5. Considering the fact that petitioner is only a commission agents and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate 3rd, Aurangabad in connection with Madanpur P. S. Case No. 350 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T