Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37842 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- IMADPUR District- Bhojpur ====================================================== Sanjay Singh @ Sanjay Kumar Singh Son of Jai Karan Singh Resident of Village- Takha, P.O- Takha, P.S- Garwar, Dist- Balia, Uttar Pradesh, Pin Code- 221709 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Assistant Director of District Mining Officer, Bhojpur at Ara ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash Dwivedi, Adv.
For the State :
Mr. Bharat Bhushan, APP For Mines Department :
Mr. Naresh Dikshit, Adv.
Mr. Brij Bihari Tiwary, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2024 Heard the parties.
2. The petitioner apprehends his arrest in connection with Imadpur P.S. Case No. 09 of 2024 registered under Sections 420, 467, 468, 471 and 472 of the Indian Penal Code.
3. It is alleged that this petitioner is the owner of the seized vehicle, which got released on filing a fake and fabricated Ograss (E-Challan) in the Court.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner himself is a victim because his agent took the money from him and gave a false and fake receipt. The police had not verified the same at the time and gave a report to the court. The petitioner was under the bona-fide belief that the
Patna High Court CR. MISC. No.37842 of 2024(5) dt.05-08-2024 2/2 receipts were correct, and petitioner came to know about the reality after the institution of the present FIR. It is further submitted that as soon as the petitioner came to know about the false E-Challan, he deposited the alleged loss/fine as assessed by the Mining Department through E-Challan of Rs. 3,37,063/- dated 12.02.2024 bearing CRN No. BHR20240200376801M (Annexure-2).
5. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Bhojpur at Ara in connection with Imadpur P.S. Case No. 09 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T