Jawaharlal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39226 of 2026 Arising Out of PS. Case No.-90 Year-2025 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Jawaharlal Yadav Son of Late Ramnath Singh @ Ramnath Yadav Resident of Village- Shashrtinagar, P.S.- Gazibad, Kotiwali, District- Gazibad (U.P.), at present resident of Panduki, P.S.- Barwada, District- Dhanbad (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Narari Kala Khurd P. S. Case No. 90 of 2025 registered for the offences punishable under Sections 303(2), 317(2) of the Bharatiya Nyaya Sanhita.
3. The allegation against petitioner is that a six wheeler truck, which was fully loaded with auctioned scrap from NSTPS store, was being driven by co-accused Ramdeo @ Ramdas. The weight of the truck was coming to be 8400 Kilogram when weighed at the two NPGCL Central Store weighbridge situated within the NPGCL premises. This raised suspicion among authorities regarding low weight indication as truck was fully loaded. When the truck was being taken to L&T weighbridge, located within the NPGCL property, the truck was
2/4 locked through GPS. Meanwhile, the L&T weighbridge wires were tempered that could be seen in the CCTV footage. Thereafter, the co-accused started the truck, Both the weighbridge situated in NPGCL were being operated by the petitioner. When the CISF authorities took the truck to a private weighbridge outside the NPGCL, the truck was again locked through GPS and in presence of police, the said truck was weighed at the stated private weighbridge, the weight of the scrap along with the weight of the trick was coming to be 34315 kilogram but the weight of scrap only was coming to be 15810 kilogram. Thus, the petitioner along with co-accused by sabotaging the two weighbridges of the Company was trying to steal scrap having market rate worth Rs. 6,00,000-/. Thus, it indicates that petitioner was actively involved in the commission of present offence, causing huge revenue loss to the Government.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner has been made accused in this case merely because he happens to be proprietor of RN Enterprises and owner of the truck bearing registration no. JH10CQ8886. As a matter of fact, one Aadesh Kumar had hired the truck in question on payment of
3/4 transportation cost for taking it to NPGCL and for transportation of scrap on behalf of M/s Anushree Enterprises. The petitioner assigned a driver called Ramdev who went to NPGCL along with Aadesh Kumar for transportation of scrap who entered into a conspiracy behind the back of this petitioner. Petitioner was not present at the place of occurrence and has got no knowledge or concern with the illegal activity. He submits that specific allegation of cutting of cable & tempering of NPGCL weighbridge was levelled against Scrap Loading Incharge to Anushree Enterprises, namely, Sri Adesh Kumar son of Vijaypal Singh, which was found in CCTV footage, even then the petitioner has been falsely implicated in this Case, as scapegoat. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner is named in the F.I.R. and being proprietor of RN Enterprises and owner of the truck in question, committed the offence. During investigation, it has come that petitioner was present at the place of occurrence and was actively involved in the offence, causing revenue loss of Rs. 6 lacs to the Government.
6. Considering the nature of accusation and materials available on record, prayer for anticipatory bail of the petitioner
4/4 is refused.
(Prabhat Kumar Singh, J) Navya/- U T