Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1069 of 2017 Arising Out of PS.Case No. -404 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Dhananjay Kumar, Son of Chandardeo Yadav, resident of VillageMuwarakpur, Police Station- Belaganj, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manish Kumar No-2, Advocate. For the Opposite Party : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.10.2016 in connection with Barachatti P.S. Case No. 404 of 2016 for the offences instituted under Sections 420, 467, 468, 471, 414 and 120(B) of the IPC.

The prosecution story, in brief, is that during checking of the vehicle, the informant found that one ton seven hundred sixty Kg. of H.R. Coil was loaded on the vehicle on which Invoice Book was made in the name of Maa Tara Steel, Chas, Bokaro. Invoice weight was quite false and it was found excess loading. Therefore, the informant went to Bhagahar Barachatti for getting accurate weight from Dharam Kanta. No original paper has been

Patna High Court Cr.Misc. No.1069 of 2017 (2) dt.20-02-2017 2/2 shown to the police though all papers are Xerox copies only. Besides 1760 Kg. Iron's Chadra, 2820 Kg. Iron's Chadra was also loaded extra.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.10.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has falsely been implicated in the present case due to mistake of fact. It is a case of moving of commercial vehicle with overweight/overload.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghati, Gaya, in connection with Barachatti P.S. Case No. 404 of 2016. U.K./- (Sudhir Singh, J) U T