Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58415 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- RISIYAP District- Aurangabad ====================================================== MANTOSH KUMAR Son of Shivpujan Singh Resident of Village - Raipura, P.S.- Mufassil, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

The prosecution case is that all the accused persons including the petitioner is involved in illegal loading and transporting the sand and in that course drivers of four tractors along with trolley fled away after parking the tractors on the road.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner is owner-cum-driver of the loaded tractor bearing Registration No. BR26GA/1584. He also

Patna High Court CR. MISC. No.58415 of 2021(2) dt.21-06-2022 2/2 submits that as alleged loss of Rs. 15215/- allegedly incurred to the Government exchequer, has already been deposited by the petitioner and the same fact has already been brought on record by supplementary affidavit in para-2 vide Annexure-1 of this affidavit. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Risiup P.S. Case No. 57 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T