Dughdish Panday @ Dughdish Prasad Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60902 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- KAKO District- Jehanabad ====================================================== Dughdish Panday @ Dughdish Prasad Pandey Son of Late K. P. Panday Resident of Karter No. 16/B, Street No. 37, Near Sindhu Bhawan, Villai Tahsil, P.S.- Bhilai Bhatti, Distt.- Durg, State- Chhatisgarh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Pankaj For the Opposite Party/s :
Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 379 and 120-B of the Indian Penal Code.
3. As per prosecution case in brief is that the informant loaded a total of 620 packets of rice, weighing 31 tons and 35 kg on a truck bearing Registration No. CG07BN5806 from Jehanabad to Madhya Pradesh. It is further alleged that truck failed to reach the destination. On enquiry the owner of the truck informed that he had leased his truck to the petitioner. It is further alleged that accused persons including owner of the truck have stolen the aforesaid consignment containing rice worth Rs. 9,81,000/-.
4. It is submitted on behalf of petitioner that petitioner have falsely been implicated in this case. There is inordinate delay of 10 days in lodging the F.I.R. The petitioner
Patna High Court CR. MISC. No.60902 of 2024(3) dt.03-10-2024 2/2 has returned the money to the informant through bank cheque and UPI transaction. Petitioner is not resident of Bihar and has never met the informant. Petitioner had already registered F.I.R. bearing Supela P.S. Case No. 0332 of 2024 with respect to the theft of aforesaid loaded truck with consignment. Petitioner bears fair antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
6. Considering the aforesaid facts and circumstances and also petitioner bears fair antecedent, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner, in the event of his arrest /surrender within a period of eight weeks from today, 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 Sub Divisional Judicial Magistrate, Jehanabad in connection with Kako P.S. Case No. 63 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Ranjeet/- U T