Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53984 of 2015 Arising Out of PS.Case No. -254 Year- 2014 Thana -FATUHA District- PATNA ====================================================== Arbind Kumar S/o Shiv Dayal R/o Mohalla : - Malsalami, P.S. : - Malsalami, Patna City, District :- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-02-2016 Heard the counsel for the petitioner and Mr. Ram Bachan Singh, APP for the State.

The petitioner seeks herein anticipatory bail in P.S case no. 254/14, registered under Sections 406, 420, 379, 34, 120(B) of Indian Penal Code.

The informant has alleged that a truck of Shiv Transport Company was hired by him for transporting nine tonnes of pulse. After loading the pulse, the truck proceeded with the petitioner sitting on the vehicle but it did not reach the destination. In the meantime, the owner of the transport company gave false assurance that the consignment shall reached the destination. It was a conspiracy in which the petitioner also involved. After hatching a conspiracy, the FIR was lodged. Contention of the petitioner is that except the allegation

Patna High Court Cr.Misc. No.53984 of 2015 (3) dt.17-02-2016 2/2 that he was also sitting in the truck, there is nothing incrimination against the petitioner. There is delay of one and half months in lodging the case.

Looking to the allegations and the manner in which the informant of the case was cheated by the accused persons as also the materials which reflect from the impugned order, I am not persuaded to extend the privilege of anticipatory bail. Prayer is accordingly rejected.

Petitioner may surrender and pray for regular bail. (Kishore Kumar Mandal, J) rohit/- U T