Puja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36593 of 2016 Arising Out of PS.Case No. -247 Year- 2011 Thana -KAHALGAON District- BHAGALPUR ====================================================== Puja Devi, Wife of Pankaj Kumar, resident of Makrandpur, Police StationPirpainti, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravina Kumari For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Kahalgaon (Ghogha) P.S. Case no. 247 of 2011 registered under Section 414/34 of the Indian Penal Code.

The accusation is that on receiving secret information about moving of Truck bearing Reg. No. WB-53A-5262 towards Bhagalpur on which the stolen coal is loaded. The Police stopped the said truck near village Amapur N.H.80 on which two persons started fleeing away from the said truck. On chase, the said persons were apprehended by the Police, who disclosed their names as Ashok Kumar and Pankaj Singh. They also disclosed that the coal is being sent by Anil Sinha of Patel Nagar, Kahalgaon for district Bhagalpur and the said coal is belongs to NTPC, Kahalgaon. On search, 130 bags of coal weighing six tons.

Patna High Court Cr.Misc. No.36593 of 2016 (3) dt.03-10-2016 2/2 Learned counsel for the petitioner submits that, in fact, petitioner is a lady and the owner of the said truck and she had no knowledge about carrying of theft coal of NTPC by its driver. Further submission is that petitioner, who is a lady has no criminal antecedent and she is not involved in any manner in the alleged offence. Further submission is that she has been implicated in this case only on the ground that she is owner of the truck in question, which is said to be found loaded with theft coal.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 247 of 2011, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T