Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52974 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Pradeep Kumar S/o Nagendra Sharma @ Nagendra Thakur R/o - Ward No. 13, Pachauri Tola, Raghunathpur, P.O.- Raghunathpur, P.S.- Ramgharwa, District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 318 ( 4 ), 316 (5) , 303 ( 2 ) and 3(5) of BNS.

3 . As per the prosecution case , informant namely , Prince Tiwari who was posted as Transport Executive in Green Agrivolution Pvt. Ltd. alleged that on 22.01.2025 he hired a vehicle bearing registration No. BR01GB5280 from this

Patna High Court CR. MISC. No.52974 of 2025(2) dt.20-08-2025 2/3 petitioner who is the owner of Mahadev Transport Company Ltd, for transportation of his consignment for which he paid Rs. 6500/- to one Aman Kumar. The aforesaid vehicle was being loaded with 20.33 Ton Wheat, worth Rs. 663178/- but the same did not reached the destination . It is alleged that this petitioner along with driver of the vehicle misappropriated the consignment of informant which was transported by vehicle in question and as such , created loss to informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . Petitioner has got no concern with the alleged incident and his duty was to provide vehicle for transportation of the goods from one place to another.

5. Learned counsel for the State opposes the prayer for bail and submitted that petitioner is named in the F.I.R. Petitioner who was owner of Sri Mahadev Transport Company Ltd. and he provided the vehicle in question but in connivance with other co-accused persons misappropriated the consignment of informant which was transported by the said vehicle and caused huge loss to informant. The consignment of the informant is still traceless. It is further submitted that it was the utmost duty of this petitioner to properly deliver the

Patna High Court CR. MISC. No.52974 of 2025(2) dt.20-08-2025 3/3 consignment to the destination and as such , his prayer for pre - arrest bail is fit to be dismissed.

6. Considering the nature of accusation and the fact that petitioner was owner of Sri Mahadev Transport Company Ltd and also the fact that consignment of the informant is still traceless, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T