Patna High CourtCR. MISC./40309/2023bail granted

Dasarath Kumar @ Chhotu Das v. The State Of Bihar

2023-08-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40309 of 2023 Arising Out of PS. Case No.-237 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== Dasarath Kumar @ Chhotu Das Son of Chandra Dev Das Resident of villageRingbandh Hanuman Nagar, Ward No. 17, P.S. Nagar Parishad, Sitamarhi, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bathnaha P.S. Case No. 237 of 2019 registered for the offences punishable under Sections 414, 420 and 34 of the Indian Penal Code read with Section 7 of the Essential Commodities Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that a truck was apprehended and one Krishna was arrested who disclosed the name of the petitioner as the driver of the truck and from the truck, 400 bags of wheat of 50 kg was recovered.

Patna High Court CR. MISC. No.40309 of 2023(2) dt.02-08-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner being driver of the truck was not aware that the wheat loaded on the truck was stolen one.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds 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 Bathnaha P.S. Case No. 237 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T