Bijoy Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41918 of 2014 Arising Out of PS.Case No. -136 Year- 2013 Thana -BALIA District- BEGUSARAI ====================================================== Bijoy Singh, son of Late Gorakh Kumar, R/o Village Sirania, P.S. Matihani, District Begusarai .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State.

The petitioner prays for anticipatory bail in a case under Sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner being the owner of the Nav Durga Transport Company which had undertaken to transport 245 bags of maize of the informant was not directly involved in the matter in the sense that the truck itself had been taken on hire by him and if at all the liability would be of the owner of the truck and its driver neither of whom are under the direct control of the petitioner whose transport firm is merely acting as a commission agent. At the very least no criminal liability should be put upon the petitioner. It is further submitted by learned counsel that admittedly in the FIR the truck was found at the house of the driver without

Patna High Court Cr.Misc. No.41918 of 2014 (2) dt.10-04-2015 the bags of maize loaded upon it and for the said reason also it appears to be a case where the driver is involved in the illegal act. On a consideration of the facts and circumstances of the case, it is directed that the petitioner Bijoy Singh, in the event of his arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Balia P.S.Case No. 136 of 2013 to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta, J) spal/- U