Ved Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35270 of 2021 Arising Out of PS. Case No.-790 Year-2019 Thana- BANKA District- Banka ====================================================== VED PRAKASH Son of Pawan Singh Resident of Village - Garhi Bishanpur, P.S.- Lakhisarai, Distt.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Banka (Barahat) P.S. Case No. 790 of 2019 registered under Section 379 of the Indian Penal Code.

Allegedly, one tractor was seized by the police and the same was in custody of informant. The driver of truck with consent of its owner, took the truck away.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.35270 of 2021(2) dt.30-03-2022 2/2 petitioner has been made accused in the present case due to mistake of fact. The petitioner is alleged to be owner of the truck which was seized in connection with a police case. The driver of the said truck had taken the truck from police station. The petitioner had no knowledge regarding the said incident. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 790 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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