Ram Naresh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31037 of 2021 Arising Out of PS. Case No.-26 Year-2016 Thana- MAHUA District- Vaishali ====================================================== RAM NARESH SHARMA S/o Devendra Sharma R/o village- Bajitpur, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406, 467, 471 of the Indian Penal Code.

As per the prosecution case, informant entrusted his ten wheeler truck to co-accused, Bablu Kumar, for monthly rent of Rs. 30,000/- and after some time on being asked abut whereabouts of his truck, Bablu Kumar refused to give location of the truck but on search informant found his truck standing in the garage of Vishwakarma Body Builder, Mahua Tajpur Raod and petitioner is owner of the said garage. The informant found that number plate of the said vehicle has been changed and ten wheeler truck has been changed to six wheeler. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.31037 of 2021(3) dt.04-07-2022 2/2 that petitioner is innocent and has falsely been implicated in the case. Petitioner is not named in the FIR and name of petitioner has transpired during the course of investigation but there is no material to support his involvement in the alleged occurrence. As a matter of fact there is dispute between informant and Bablu Kumar and he has been roped in this case in collusion with the police. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that during the course of investigation the truck in question has been recovered from the garage of this petitioner and number plate of the truck has also been changed and ten wheeler truck has been changed to a six wheeler truck.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T