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Patna High CourtCR. MISC./55162/2024bail granted

Sujeet Kumar Rana v. The State Of Bihar

2024-08-31Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55162 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- HALAI District- Samastipur ====================================================== Sujeet Kumar Rana Son of Mathur Badhai R/O Vill.- 978 Pump House Jhopdi Para Ward no. 14, P.s.- Korba, Dist.- Korba, Chhatisgarh. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Om, Advocate For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Halai P.S. Case No. 39 of 2024, registered for the alleged offence under Sections 420, 406, 120B, 379 of the Indian Penal Code.

03. As per prosecution case, the petitioner engaged a Truck through co-accused transporter for transportation of maize worth of Rs. 6,53,474/-, but the Truck never reached at the destination and the phone of the driver of the said Truck was found to be switched off. The petitioner is said to be the owner of the Truck.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.55162 of 2024(2) dt.31-08-2024 2/3 The petitioner has no concern with the alleged occurrence. The petitioner is owner of the truck and his name has been dragged in this case merely on suspicion. The allegation of running away with consignment is against co-accused driver, namely Ved Prakash and the petitioner has no knowledge where this person fled away. The petitioner could not be fastened liability of illegal act committed by his driver and it is apparent from the FIR that the Truck was engaged through the co-accused transport, Anit Kumar. The petitioner is having clean antecedent.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the completely vague nature of allegation without any substantive material against the petitioner and also considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur/court concerned in connection with Halai P.S. Case No. 39 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and

Patna High Court CR. MISC. No.55162 of 2024(2) dt.31-08-2024 3/3 other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T