Nagendra Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59457 of 2017 Arising Out of PS. Case No.-516 Year-2015 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Nagendra Shukla, S/o- Late Dayanand Shukla, Resident of Village- Borwara, P.S.- Karza, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 406 of the IPC. The prosecution case, as per the written report of Ajit Shankar Mishra being the staff of one Mritunjay Kumar is to the effect that on 01.10.2015, one Braj Kishore Prasad Singh purchased1706 C.F.T. stone chips ordered for transporting and unloading at Paharpur Areraj and consequently, stones chips was transported by two trucks, but the alleged trucks did not reach to the destination.

It is submitted by learned counsel for the petitioner that the petitioner is the driver of one of the trucks and the stone chips was unloaded at the shop of Chandeshwar Ray at Maker on the

Patna High Court Cr.Misc. No.59457 of 2017(2) dt.12-12-2017 2/2 direction of the staff of the stone chips supplier Mritunjay Kumar and he was paid carriage charges, however, consideration amount of stone chips was paid to Chhunu Kumar, staff of supplier who made payment to Mritunjay Kumar. A statement has been made in paragraph no.3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of accusation arising out of contractual nature of dispute, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur, Sadar P.S. Case No. 516 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T