Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34019 of 2025 Arising Out of PS. Case No.-291 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Arjun Kumar S/o Sri Bigan Yadav R/o Vill- Mhabda, Mahamda, Surangapur, P.S.- Kalpa, Distt- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Adv For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwari Sharif P.S. Case No. 291 of 2025 registered for the offences punishable u/s 338, 336(3), 340(2), 318(4) of the B.N.S.

3. As per the prosecution case, the informant, who is the owner of truck bearing Registration No. JH05BF2342, has alleged that one truck bearing the aforesaid registration number was found parked on the road loaded with cement. On being informed by the informant, the police came and seized the vehicle and also caught the driver (petitioner) of the vehicle in question.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.34019 of 2025(2) dt.29-05-2025 2/3 that the petitioner, who is the driver of the seized vehicle, was in dispute with the informant regarding his salary of four months and on being pressurized by the petitioner for his salary, the informant has falsely implicated the petitioner in this case. It is lastly submitted that the petitioner has no criminal antecedents and is in custody since 23.02.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner has clean criminal antecedent coupled with the fact that the petitioner is in custody since 23.02.2025, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna, in connection with Phulwari Sharif P.S. Case No. 291 of 2025, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

Patna High Court CR. MISC. No.34019 of 2025(2) dt.29-05-2025 3/3 (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T