Shiv Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49928 of 2023 Arising Out of PS. Case No.-94 Year-2020 Thana- MASHRAK District- Saran ====================================================== SHIV KUMAR RAI Son of Late Khalipha Rai, Resident of village - Gopalpur, P.S. - Gaura, Dist. - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Mashrakh P.S. Case No. 94 of 2020, registered for offence punishable under sections 420, 467, 468, 471 and 414 of the Indian Penal Code.

3. As per FIR, the informant is Sub-Inspector of Mashrak police station and he, after getting information that some accused persons assembled at Chainpur Nadi Pul to sell a stolen truck, reached there along with his colleagues. Seeing the police personnel, the truck driver succeeded to flee away from there, but two co-accused persons were arrested and no valid paper of the said truck was produced.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.49928 of 2023(2) dt.11-08-2023 2/2 that the petitioner is a person of clean antecedent. He was not arrested at the spot. Nothing was recovered from his possession. As a matter of fact, he is a truck driver, who is under obligation of command of his employer.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Chapra at Saran in connection with Mashrakh P.S. Case No. 94 of 2020, subject to condition as laid down under section 438(2) Cr. P.C. After accepting the bail bonds, the criminal antecedent of the petitioner shall be verified and if it is found that he has been implicated in any other case except the present one, his bail bond shall be liable to be cancelled.

(Nawneet Kumar Pandey, J) Mahesh/- U T