Patna High CourtCR. MISC./3118/2021bail granted

Anil Kumar v. The State Of Bihar

2021-12-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3118 of 2021 Arising Out of PS. Case No.-238 Year-2017 Thana- RANIYATALAB District- Patna ====================================================== ANIL KUMAR SON OF BIPIN BIHARI SINGH RESIDENT OF VILLAGE - NAUBATPUR, P.S. - NAUBATPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard Mr. Dhananjay Kumar Tiwary, learned Advocate for the petitioner and Mr. Tarun Prasad Mandal, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Ranitalab P.S. Case No. 238 of 2017 dated 18.12.2017 instituted for the offences under Sections 407, 409, 419, 420 and 34 of the Indian Penal Code.

The accusation against the petitioner is that he being a transporter/owner of a vehicle, did not ensure that the vehicle loaded with the sand reaches its correct destination.

Learned counsel for the petitioner has submitted that the sand was lifted against a properly generated Challan but if the driver did not take the

Patna High Court CR. MISC. No.3118 of 2021(2) dt.14-12-2021 2/2 vehicle to correct destination, the petitioner cannot be faulted for the same.

Under similar circumstances, the other accused person with similar allegation has been granted anticipatory bail by a Bench of this Court vide order dated 02.03.2020 passed in Cr. Misc. No. 8123 of 2020.

Regard being had to the aforestated facts and taking into account that the petitioner is a person of clean antecedent, he is directed to 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, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Ranitalab P.S. Case No. 238 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T