Lalan Prasad @ Lalan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28095 of 2023 Arising Out of PS. Case No.-22 Year-2017 Thana- PANDARAK District- Patna ====================================================== Lalan Prasad @ Lalan Mahto S/O- Sidheshwar Mahto, resident of VillagePaithanichak, P.S.- Pandarak, Dist- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Pandarak P.S. Case No. 22 of 2017 registered for the offences punishable under Sections 379, 420, 406, 120(B) of the Indian Penal Code. He has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, the driver (this petitioner) of the truck bearing registration no. 0R05AB/2313 parked the truck near his house and went to sleep. In the morning, he saw that the truck was not there. It is alleged that some unknown persons have stolen the truck.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.28095 of 2023(2) dt.07-07-2023 2/3 case. It is submitted that the petitioner is the informant in this case but in course of investigation, he has been made accused. It is also submitted that the truck in question has already been recovered.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein this petitioner being the driver of the truck was the informant of the case but in course of investigation he has been made accused, the truck in question has been recovered but it is alleged that the graphite loaded on the truck have been stolen away, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st Barh, Patna in connection with Pandarak P.S. Case No. 22 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal

Patna High Court CR. MISC. No.28095 of 2023(2) dt.07-07-2023 3/3 antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T