Gautam Kumar Yadav @ Goutam Kumar Yadav @ Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35015 of 2025 Arising Out of PS. Case No.-641 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== Gautam Kumar Yadav @ Goutam Kumar Yadav @ Gautam Yadav S/O Shivnarayan Yadav Resident of village-Partand, Police station- Sarath, District- Deoghar (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balram Kapri , Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2 , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 379 and 34 of the Indian Penal Code .

3 . As per the prosecution case , informant namely , Piyush Kumar, who is the onwer of M/S Prabhu Kripa Bhandar, transported 27770 kg rice , worth Rupees 5,66,508/- to Burwan by seized truck which was owned by co-accused Arvind Kumar and his partner Rajesh Yadav through transporter M/S Guru Nanak Transporter, owned by co-accused Chandan Kumar and this petitioner was driver of said truck . It is alleged that they altogether misappropriated the rice consignment of informant

Patna High Court CR. MISC. No.35015 of 2025(2) dt.25-07-2025 2/2 which was transported by truck in question .

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . Petitioner has got no concern with the alleged incident and his duty was to follow the orders of the truck owner and transport the goods from one place to another.

5. Learned counsel for the State opposes the prayer for bail and submitted that petitioner is named in the F.I.R. Petitioner who was driver of vehicle in question in connivance with other co-accused persons misappropriated the consignment of informant which was transported by the said truck .

6. Considering the nature of accusation and the fact that petitioner was driver of truck in question , prayer for prearrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T