Ashok Chaudhary @ Ashok Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53439 of 2016 Arising Out of PS.Case No. -397 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Ashok Chaudhary @ Ashok Choudhary, Son of Dayanand Chaudhary, Resident of Village-Dalhatta Mahrufganj, P.S. Malsalami, District-Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikash Kumar Pankaj For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Hazipur Sadar P.S. Case No. 397of 2016, registered under Sections 407 and 120(B) of the Indian Penal Code.

The accusation is that 10 pieces of fridge, 2 pieces of washing machine and 37 pieces of LED T.V. were loaded on a Pick-up van bearing Reg. No. BR-01D-3721, which was being driven by its driver Bhuneshwar Giri @ Munni Lal after taking the same from transporter Ashok Choudhary (petitioner) for unloading the same at Vinod Agency, Madhubani on 23.10.2016. The instruction was also given to the driver not to proceed in the night as well as not to go Madhubani through

Patna High Court Cr.Misc. No.53439 of 2016 (3) dt.27-01-2017 2/2 Mahua road. On the next day at about 9.30 A.M. the transporter informed about loot of the vehicle with the loaded materials, but the driver did not inform the matter about loot of the pick up van.

Thereafter, informant raised suspicion about misappropriating the articles loaded on the pick up van by the driver and transporter Ashok Choudhary (Petitioner). Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that the pick up van on which the T.V. Washing machine, fridge were loaded for unloading the same at Madhubani by the petitioner agency there is nothing against the petitioner to show his involvement in the present case. Further submission is that petitioner has no criminal antecedent is in custody since 23.10.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 Chief Judicial Magistrate, Vaishali in connection with Hazipur Sadar P.S. Case No. 397 of 2016. (Rajendra Kumar Mishra, J) manish/- U T