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Patna High CourtCR. MISC./29122/2017rejected

Binod @ Binod Yadav v. The State Of Bihar

2017-10-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29122 of 2017 Arising Out of PS.Case No. -27 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================

1. Binod @ Binod Yadav Son of late Rameshwar Yadav Resident of Didarganj, P.S. Didarganj, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-10-2017 Heard both sides.

The petitioner apprehends his arrest in Agamkuan P.S. Case No. 27 of 2016 registered for the offences punishable under Sections 406 and 34 of the Indian Penal Code. The informant alleged that he hired a truck from New Vandana Roadways on 24.12.2015 and loaded scrap papers for transportation to Muzaffarnagar, but the truck bearing Registration No. HR-38Q/4255 did not reach the destination. The informant informed the owner of the truck and the transport company took sometime to locate the truck, but the truck is still traceless with the scrap papers.

Learned counsel for the petitioner submits that the petitioner is the owner of the transport company. The petitioner

Patna High Court Cr.Misc. No.29122 of 2017 (4) dt.31-10-2017 filed informatory petition before the Additional Chief Judicial Magistrate, Patna City on 11.01.2016. The petitioner was not aware of missing of truck, but from the allegation, itself, it appears that the informant had hired the truck of the petitioner to transport the consignment to its destination, but the consignment was not delivered to its destination at Muzaffarnagar. It appears that the petitioner along with the driver of the truck misappropriated the entire consignment of the informant.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) KKSINHA/- U T