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Patna High CourtCR. MISC./42536/2025allowed

Tejveer Singh @ Tajveer Singh v. The State Of Bihar

2025-10-15Mr. Justice Harish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42536 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Tejveer Singh @ Tajveer Singh S/o Manohar Lal R/o Village- Santruk Bharatpur, P.S.- Industrial Area, Bharatpur in the District of Bharatpur (Rajasthan) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Anita Kumari, A.P.P.

Mr. Vinay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-10-2025 Heard Mr. Ranjeet Kumar, learned Advocate appearing on behalf of the petitioner, Ms. Anita Kumari, learned Additional Public Prosecutor for the State and Mr. Vinay Kumar Mishra, learned Advocate for the informant.

2. The petitioner apprehends his arrest in connection with Darbhanga Sadar P.S. Case No. 18 of 2025, registered for the offences punishable under Sections 316(2), 318(4), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Based upon the written report, the prosecution alleges that the petitioner who had been working as a driver of the truck bearing Registration No. RJ-05-GP-3621 was

2/4 carrying mustard oil to be delivered at Balaji Store at Purnia. After taking the consignment, when the petitioner reached in Darbhanga his truck fell into the ditch and an intimation was given to the informant. However, when he reached there, he found the truck was standing near a petrol pump but altogether 1027 cartoons of mustard oil worth Rs.17,81,000/- were missing.

4. Learned Advocate appearing on behalf of the petitioner submitted that the truck in question fell into ditch in the night of 13.01.2025 and, thereafter, the petitioner immediately informed his owner. Since, the petitioner also sustained some injuries, he went to get his treatment done. Later on, he found that in course of treatment some persons have stolen various cartoons of mustard oil; he immediately gave sanha before the S.H.O, Sadar, Darbhanga on 15.01.2025, the copy of which has also been marked as Annexure-3 to the bail application. It is the contention of the petitioner that entire case is based on suspicion and only in order to put a pressure upon the petitioner, the present F.I.R. is instituted, so that the loss of the informant can be compensated. The petitioner also bears fair antecedent and he undertakes that he shall ensure his presence during the course

3/4 of trial.

5. On the other hand, learned Advocate for the State and learned Advocate for the informant vehemently opposed the pre-arrest bail application. Learned Advocate for the informant submits that it is the petitioner who was carrying the consignment on his truck and it is only he who should disclose that how the theft had taken place, but he conveniently fled away from the place of occurrence when the matter was inquired by the informant and as such his complicity cannot be ruled out.

6. Having considered the the submissions advanced by the learned Advocate for the respective parties and taking note of the delay in institution of the F.I.R. besides the submission of sanha report by the petitioner and his fair antecedent as also the undertaking that he will fully participate in the trial, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection

4/4 with Darbhanga Sadar P.S. Case No. 18 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with a further condition that one of the bailors shall be a local resident. (Harish Kumar, J) Nilmani/- U