Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27086 of 2022 Arising Out of PS. Case No.-477 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== MUNNA KUMAR S/o Khattar Paswan R/o village- Dinapatti (Ward No. 19), P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 379 of the IPC. Allegedly, the petitioner being the driver of the truck seized by the police, is said to have unlawfully taken away the same from the police station, in connivance with the owner of the truck.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.27086 of 2022(2) dt.06-09-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the petitioner is driver of the truck and on the said date and time of FIR, he was driving the truck but police has not seized the alleged truck and no seizure list in this regard has been given by the Ghogha police. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no seizure list on record, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kahalgaon (Ghogha) P.S. Case No.477/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.