Chhotelal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26040 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -SAHARSA RPF/POST District- KHAGARIA ====================================================== Chhotelal Choudhary, S/o Late Sahdeo Choudhary, R/o Village- Singhaul, P.S.- Muffasil, District- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with R.P.F. Saharsa Post Case No. 01 of 2018 for offences punishable under Section 3 R.P. (U.P.) Act.

The prosecution case, as lodged by the informant police personnel employed at R.P.F., is that a tank lorry with diesel was to be unloaded in Rail Depot, Saharsa but information was received that 4673.04 liters of diesel was unloaded midway and during unloading the said discrepancy of diesel amounting to Rs. 3,06,756/- was detected. The petitioner was the driver of the said lorry. The petitioner confessed that it was on the instructions of co-accused Lalbabu Sah, SSE/RCD/Saharsa that the diesel was

Patna High Court Cr.Misc. No.26040 of 2018 (2) dt.02-05-2018 2/2 unloaded midway.

It has been submitted by the learned counsel for the petitioner that he is innocent, he was just a driver of the said vehicle, bears no criminal history and is languishing in judicial custody since more than two months.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rail, Khagaria in connection with R.P.F. Saharsa Post Case No. 01 of 2018, subject to the condition that the petitioner will cooperate in the investigation and trial of the case, will not tamper with the prosecution evidence, failing which the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nilu Agrawal, J) Devendra/- U T