Krishna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31203 of 2015 Arising out of PS.Case No. -228 Year- 2014 Thana -PATRAKARNAGAR District- PATNA ====================================================== Krishna Prasad S/o Late Jagarnath Prasad R/o Danka Imli, Sakri Gali, P.S. Alamganj, District Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Sinha, Advocate. For the Opposite Party : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 The petitioner is apprehending his arrest in connection with Patrakar Nagar P.S. Case No. 228 of 2014 for the offences instituted under Section 414/34 of the IPC.

Heard learned counsel for the petitioner and learned counsel for the State.

It is alleged that six and half bags containing burnt copper wire were recovered from the vehicle. The driver and khalasi of the said vehicle were asked to produce paper of the materials but they could not produce any paper and they disclosed that the material belongs to this petitioner. It has been submitted on behalf of the petitioner that the petitioner is the owner of the truck and he deals in scrap business. The present case is instituted for recovery of copper scrap from the truck belongs to the petitioner and in continuity to this, one more

Patna High Court Cr.Misc. No.31203 of 2015 (2) dt.31-07-2015 2/2 case was instituted against this petitioner where the copper scrap is said to have been recovered from the godown of this petitioner. The petitioner has produced the purchased receipts of copper scrap showing his bonafide. It is further submitted that the petitioner has been granted anticipatory bail by the learned court below in respect to recovery of copper scrap from his godown. The present case relates to recovery of copper scrap of this truck which was being transported to Delhi.

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

Considering the aforesaid facts and circumstances and taking into account the order annexed at annexure-4, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Patrakar Nagar P.S. Case No. 228 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T