Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43687 of 2022 Arising Out of PS. Case No.-247 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== AJAY PRASAD Son of Dayal Sharan Resident of Village - Mahadeopur, P.S.- Masaurhi, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the supplementary affidavit has been filed bringing on record the medical condition of the petitioner based on which the present mentioning was made for taking the case out of turn. The learned counsel for the petitioner, at the outset, submits that petitioner has two trucks bearing registration no. BR-33GB4049 and BR-01GA-9175. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43687 of 2022(2) dt.29-09-2022 2/3 informant alleges that truck bearing registration no. 33GB-4049 was apprehended and on verification it was found that the said trucks were registered in the name of Ajay Prasad, but the number of the said truck in the office of the DTO, Arwal based on the engine number and chasis no. BR-01GA-9175 which is also in the name of this petitioner, thus it is alleged that though the truck which was apprehended was having registration number BR-33GB-4049 but the said number was fake as the number of the said truck was BR-01GA-9175.

Learned counsel for the petitioner submits that as aforesaid the petitioner has two trucks and it appears that without the knowledge of the petitioner the driver of the truck by changing the number plate was trying to misused the vehicle, it is also submitted that admittedly no incriminating articles were found or recovered from the truck and both the trucks in the office of the DTO, Arwal is registered in the name of the petitioner and no prudent man would indulge in any illegal activity knowing that the vehicles are registered in his name. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.43687 of 2022(2) dt.29-09-2022 3/3 event of his arrest or surrender before the learned trial court 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 trial court where the case is pending/successor court in connection with Arwal P.S. Case No. 247 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T