Raj Kumar Pradhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35705 of 2024 Arising Out of PS. Case No.-268 Year-2021 Thana- RAJPUR District- Buxar ====================================================== Raj Kumar Pradhan S/o Sabhapati Pradhan R/o vill - Chhotka Dhakaich, P.s. - Krishna Brahm, P.O. - Badka Dhakaich, Distt. - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shreekant Pandey, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for the offence under Section 420, 406 & 34 of the Indian Penal Code . 3 . As per prosecution case, informant loaded 248.45 kg wheat worth Rs. 5,41,869/- on the truck and paid Rs. 25,000/-, as its fare in the account of proprietor (co-accused Jitendra Tiwari ) but when after 3-4 days the truck did not reach at its destination, informant inquired from co-accused Jitendra Tiwari but he did not give satisfactory reply. The informant raised suspicion that co-accused Jitendra Tiwari in connivance with driver of the truck, has stolen wheat of informant and sold the same for personal use .
4. It is submitted on behalf of petitioner that petitioner is driver of the alleged truck in question and has
Patna High Court CR. MISC. No.35705 of 2024(4) dt.18-10-2024 2/2 falsely been implicated in this case only on suspicion . The entire money was transferred in the account of co-accused Jitendra Tiwari . No incriminating articles has been recovered from the possession of petitioner. Chargesheet has already been submitted. Petitioner is in custody since 21.02.2024. Petitioner claims clean antecedent.
5 . Learned counsel for the informant vehemently opposed the bail petition .
6. Considering the period of custody of the petitioner and chargesheet has also been let the petitioner as named above be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Buxar in connection with Rajpur Police Station Case No. 268 of 2021 .
(Prabhat Kumar Singh, J) Koushik/- U T