Ravi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32926 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- JOGBANI District- Araria ============================================== RAVI RANJAN KUMAR Son of Umesh Lal Yadav Resident of VillageMahalbari, P.S.- Dagarua, District- Purnia. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ============================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ravish Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2021 Heard Mr. Kumar Ravish, learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Jogbani P.S. Case No. 49 of 2020 instituted for the offences under Sections 406, 420 and 120B of the Indian Penal Code. The informant is the owner of a Transport Company which had requisitioned two vehicle, one belonging to the petitioner, for transporting refined soyabean oil from Nepal to somewhere in the State of West Bengal. The vehicles did not reach the destination on time. One of the
Patna High Court CR. MISC. No.32926 of 2020(2) dt.22-02-2021 2/3 vehicles was recovered. Later, the vehicle belonging to the petitioner also was recovered and the driver of the said vehicle made a statement that an attempt had been made to take away the consignment to other place and this was at the instance of the petitioner.
Learned counsel for the petitioner submits that an absolutely false case has been lodged against him. The petitioner himself was anxious that perhaps his driver may have played truant and did not reach the vehicle to the correct destination on time. Later, only because his driver has made a confession before the police in order to save his own skin, the petitioner is sought to be prosecuted in this case.
The petitioner has been in the business of Transport for a long time and the confession of his driver, who was actually at fault ought not to have been taken as a ground for rejecting his anticipatory bail application. Considering the aforesaid submission of the petitioner and taking into account the fact that the petitioner does not have criminal antecedents, he is directed to be
Patna High Court CR. MISC. No.32926 of 2020(2) dt.22-02-2021 3/3 released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 49 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T