Tinkesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33265 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- DHANKUND District- Banka ====================================================== Tinkesh Kumar Son of Chandeshwari Yadav Resident of Village-Chainpur, P.S.-Rajoun, District-Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary For the Opposite Party/s :

Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 379, 411, 420, 467 and 468 of the Indian Penal Code.

Three tractors were found indulged in illegal mining of the sand and were seized by the police laden with illegal sand. Petitioner happens to be driver of one of the tractors and the challan produced by the petitioner was found to be forged. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence and has no concern with the aforesaid occurrence. He has been falsely implicated in this case.

Patna High Court CR. MISC. No.33265 of 2019(2) dt.20-05-2019 2/2 Petitioner happens to be driver of the said tractor and he was entrusted with the assignment of transporting the sand from the Balu Ghat by its owner giving the challan and he was transporting the same on the basis of the said challan. He had no knowledge that the aforesaid challan was forged one. The petitioner has no criminal antecedent and has been languishing in custody since 07.04.2019.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Banka in connection with Dhan Kund P.S. Case No.39 of 2019.

(Prakash Chandra Jaiswal, J) Trivedi/- U T