Ramdev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32645 of 2020 Arising Out of PS. Case No.-279 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== RAMDEV YADAV, Son of Narayan Yadav Resident of Village - Bhansi Kumharso, Ward No. 2, P.S. - Gadhpura, District - Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-03-2021 Heard Mr. Praveen Kumar Agrawal, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Khagaria (Gangour) P. S. Case No. 279 of 2020, dated 11.04.2020, instituted for the offences under Sections 467, 468, 419, 420, 379, 411 and 34 of the Indian Penal Code.
A transport vehicle was intercepted on suspicion and it was found that the registration number of the vehicle did not match with the papers of the vehicle. It was thus suspected that the vehicle was a stolen
2/4 property or the number plate of the same was changed and was being plied on the roads of the State of Bihar. Two of the persons, claiming to be the driver and the cleaner of the said vehicle, were arrested who disclosed that the petitioner is the owner of the said vehicle. By way of supplementary affidavit, the learned counsel for the petitioner has brought on record the fact that the vehicle was purchased by one Md. Faiz Ahmad and later the same was transferred in the name of the petitioner. The aforesaid facts get reflected from the documents issued by the District Transport Office, Gaya. The petitioner thereafter had applied for a goods carriage permit which was granted to him by the Regional Transport Authority, Patna and the same is valid till 07.06.2023.
In fact, the learned counsel for the petitioner has further intimated this Court that when an application for release of the said vehicle was filed before the court below, a report had been called for from the District
3/4 Transport Office, Gaya about the ownership of the vehicle and according to the information given to the petitioner, the report sent by the District Transport Officer, Gaya is in favour of the petitioner. The learned counsel for the petitioner has submitted that the aforesaid vehicle is not a stolen property and for some reason or the other, a hurried F.I.R. was lodged with the only allegation that there appeared to be some mismatch in the registration number disclosed in the papers of the vehicle and the registration number printed on the number plate. Considering the nature of accusation against the petitioner and the facts which have been noted above, the petitioner, above-named, is directed to be 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 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like
4/4 amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Gangaur) P. S. Case No. 279 of 2020, subject to the conditions as laid down under Section 438
(2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T