Kanhaiya @ Kanhaiya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37183 of 2015 Arising Out of PS.Case No. -197 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kanhaiya @ Kanhaiya Rai son of Ramchandra Rai, resident of villageSiswa Mauja Tola, Police Station- Raxaul, District- East Champaran at Motihari and proprietor of Jai Bhawani Lorry Transport, Main Road, Laxmipur, Raxaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 420 and 379/34 of the Indian Penal Code.

The informant alleged that Jai Bhawani Lorry Transport, Raxaul provided two trucks bearing registration No. WB-23A-8789 and WB-23-B- 0399 on which rice was loaded and the truck drivers were instructed to unload the rice at Calcutta, West Bengal but the truck drivers did not unload the rice. It is submitted that the petitioner is the owner of Jai Bhawani Lorry Transport, Raxaul. He provided the trucks of

Patna High Court Cr.Misc. No.37183 of 2015 (3) dt.05-11-2015 one Vijay Pratap Singh. The drivers are responsible for not unloading the rice. Vijay Pratap Singh, owner of the trucks, was arrested and he has already been enlarged on bail. Considering the fact that the petitioner is only an agent who provided the trucks of others for transportation of rice and the drivers fled away with the rice and the truck owner has already been enlarged on bail, the petitioner, above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall 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 the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Town P.S. Case No 197 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Prabhat Kumar Jha, J) Amin/- U