Rinku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43181 of 2014 Arising Out of PS.Case No. -108 Year- 2014 Thana -SHERGHATI District- GAYA ====================================================== Rinku Singh So of Raghupati Singh Resident of Village - Horhut, Police Station - Rampur, District - Chandauli (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehending his arrest in connection with Sherghati P.S. Case No. 108/2014 registered under Sections 414,467,468,471 and 420/34 of the Indian Penal Code, seeks privilege of pre-arrest bail.

Allegedly, the truck bearing registration No. HR68A-3140 was caught when the driver was uploading the coal from the truck and on being asked he produced some papers but his name was found different from the driving licence and then he disclosed that he had obtained the papers regarding coal from one Rinku Singh who is Mafia of committing theft of sales tax. The submission on behalf of the petitioner is of false implication and that in this case the owner of the truck,

Patna High Court Cr.Misc. No.43181 of 2014 (2) dt.16-04-2015 2/2 namely, Surendra Nath Sondih has been allowed pre-arrest bail by the learned Sessions Judge, Gaya and the truck has also been released. The petitioner has not been caught at the spot nor any incriminating article has been recovered from his conscious possession and only on the basis of the statement of the driver the petitioner is apprehending his arrest and as such he deserves sympathetic consideration to which learned Additional Public Prosecutor opposes.

Considering the fact that the petitioner has not been caught at the spot nor any incriminating article has been recovered from his premises and the owner has already been allowed pre-arrest bail and the truck has also been released finding all the papers valid, in the event of his surrender or arrest within two months from the date of receipt/production of a copy of this order, the petitioner, Rinku Singh shall be released 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 Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Sherghati P.S. Case No. 108 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C (Jitendra Mohan Sharma, J) S.Pandey/- U