Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49849 of 2021 Arising Out of PS. Case No.-184 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== SUNIL SINGH S/o Late Lalbabu Ray Resident of Village - Chailabhar, P.S. - Majhauliya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Humayun Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 384, 308, 420, 406, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that he purchased wheat worth Rs. 5,02,237/- and the same was to be sent to flour mills at Darbhanga for which the petitioner contacted Tiwari Baba and Sunil (petitioner) for carriage of wheat to Darbhanga through their transport for which the freight amount of Rs. 7,000/- was paid to

Patna High Court CR. MISC. No.49849 of 2021(3) dt.25-04-2022 2/3 the driver and the wheat was loaded on the truck for its onward destination. It is further alleged that the wheat did not reach the destination for which a Panchayati was held and the informant was given Rs. 2.5 lakhs by Tiwari Baba and the petitioner but the rest amount was not paid by the petitioner and it is also alleged that thereafter they threatened and assaulted the informant by fists and slaps.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case merely on the ground that he participated in a panchayati from the side of Tiwari Baba. Learned counsel further submits that it has been specifically pleaded at paragraph '7' of the bail application that the petitioner has nothing to do with the business of the said transport agency i.e., Shri Krishna Road Carrier which is registered in the name of accused Tiwari Baba @ Rakesh Tiwari who is the proprietor of the said transport agency. Learned counsel further submits that even the amount of Rs. 2.5 lakhs was paid by Rakesh Tiwari and not by the petitioner, as the petitioner has nothing to do with the alleged transaction. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody

Patna High Court CR. MISC. No.49849 of 2021(3) dt.25-04-2022 3/3 since 24.06.2021, is a person with clean antecedent, chargesheet has been submitted in the case and the submissions made by the learned counsel for the petitioner that petitioner has nothing to do with the transport agency and the petitioner did not pay any amount to the informant, let the petitioner above named be released 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 court below where the case is pending/successor court in connection with Bettiah (Mufassil) P.S. Case No. 184 of 2021.

(Satyavrat Verma, J) Rishi/- U T