Patna High CourtCR. MISC./24312/2019dismissed

Virendra Singh v. The State Of Bihar

2019-07-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24312 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

Virendra Singh, aged about 40 years, Male, Son of Chandradeo Singh Resident of Village- Mashiham Chhattarpur, P.S.- Chhatarpur, DistrictPalamu (Jharkhand) 2.

Dablu Singh @ Dablu Kumar Singh, aged about 25 years, Male, Son of Rejendra Kumar Resident of Village-Chhattarpur, Punarbag, P.S.- Chhattarpur, District- Palamu (Jharkhand) ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sanjay Kumar, Advocate For the Opposite Party :

Mr.Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 379 and 411 of the Indian Penal Code and Section 40 of the B.M.M.C. Act registered in connection with Nabinagar P.S. Case No. 50 of 2019.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the owner and driver of the vehicle respectively which was found laden with sand in respect of which no valid document was produced. It is submitted that as a matter of fact, the sand was being carried under proper challan issued in favour of Aditya Multicom Private Limited which was valid between 03.18.47 PM and 09.18.47 PM (Annexure-3) and covered the time of occurrence alleged as 17.15 PM. The petitioners claim clean antecedents.

4. Learned APP submits that there is no statement in the petition to connect the sand laden on the vehicle with the challan

Patna High Court CR. MISC. No.24312 of 2019(2) dt.19-07-2019 2/2 issued in favour of Aditya Multicom Private Limited. There is also nothing to indicate that the petitioners were carrying the sand of the said Aditya Multicom Private Limited on hire basis.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. (Vikash Jain, J) BT/- U T