Vikrant Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39054 of 2018 Arising Out of PS.Case No. -103 Year- 2018 Thana -MASRAKH District- SARAN ======================================================

1. Vikrant Pathak, S/o Sri Sarveshwar Nath Pathak, Resident of VillageRasidpur, P.S.- Garkha, District- Saran at Chhapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2018 Heard both sides.

The petitioner apprehends his arrest in Mashrakh P.S. Case No.103/2018, registered under Sections 399,402,420,467,468,471 of the Indian Penal Code and Sections 25(1-b) a, 26, 35 Arms Act.

When the informant and other police officer were checking the vehicle, five persons came down from the Bolero vehicle and started fleeing away. Three persons were apprehended who disclosed their names as Shahrukh Khan, Rajkeshwar Sah and Lalbabu Nut. The apprehended accused disclosed the name of two other accused persons including the driver of the vehicle who managed to escape. On such, arms and ammunitions were recovered from the house of the apprehended accused persons. From the Dash board of the vehicle, the owner book was

Patna High Court Cr.Misc. No.39054 of 2018 (2) dt.06-07-2018 2/2 recovered and the same was standing in the name of the petitioner and petitioner has also been made accused in this case. Learned counsel for the petitioner submits that the petitioner is owner of the vehicle but he handed over the vehicle to his driver who was plying the vehicle. The petitioner has no concern with the occurrence. The name of the petitioner figured in this case only because the owner book of the vehicle was seized which stands in the name of the petitioner.

Taking into consideration the fact that only owner book of the vehicle was recovered from the vehicle which stands in the name of the petitioner, the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Saran at Chapra, in connection with Mashrakh P.S. Case No.103/2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Amit/- U T