Rabindra Kumar Sinha @ Rabindra Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13960 of 2018 Arising Out of PS. Case No.-146 Year-2016 Thana- ALAMNAGAR District- Madhepura ====================================================== Rabindra Kumar Sinha @ Rabindra Sinha S/o Late Kushum Kumar Sinha, R/o Village- Naya Bazar, Lovely Anand Patha, P.S.+District- Saharsa. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shiva Shankar Sharma, Adv.
For the Opposite Party :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner is apprehending his arrest in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 146 of 2016 for the offences registered under Sections 341, 323, 379, 384, 406, 504 and 34 of the Indian Penal Code.
Informant has alleged that he hired two trucks from the petitioner who is a transporter and got loaded 21060 kilogram maize worth Rs. 3,30,642/- on 10.08.2016 in one truck bearing registration No. JH 10 AM 7052 and further got loaded 21545 kilogram maize worth Rs. 3,30,542 on 11.08.2016 in another truck bearing registration No. WB11B 6701 for the Godown of Nanda Bhagat at Sonamukhi and after paying cash
Patna High Court Cr.Misc. No.13960 of 2018(6) dt.06-09-2018 2/3 of Rs. 13,000/- and 6,000/- as advance respectively to the driver of both the above mentioned trucks departed both the trucks for Jharkhand, Mahila Self Supporting Co-operative Federation Limited, Khurhara P.S. Petarvar District Bokaro, Jharkhand. It has been further alleged that both the above mentioned trucks had not reached there and thereafter he came to know that petitioner in collusion with owners and drivers of said trucks have sold the maize of the informant.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He has no criminal antecedent. Informant had booked the Goods directly thorough driver and owner of the truck and not through petitioner who is the transporter. There is much delay in instituting the complaint case.
Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj, District Madhepura in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 146 of
Patna High Court Cr.Misc. No.13960 of 2018(6) dt.06-09-2018 3/3 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(S. Kumar, J.) Rajiv/manoj U T