Suresh Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.29743 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29743 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Suresh Sharma, son of Anandi Thakur, resident of Mohalla- Laxmi Chowk, P.S.- Brahamputra, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner apprehends his arrest in Kanti Thermal Power P.S. Case No. 51 of 2017 instituted for the offence under Sections-406, 120(B) of the Indian Penal Code. It is alleged in the written report that this petitioner along with driver Ajay Prasad came with his truck bearing registration No. BR-46A-1401 in the transport office namely, North Eastern Carrying Corporation Ltd. Narsanda and the informant loaded the materials worth Rs. 25 lacs on the truck to be delivered to the shopkeeper at Jaynagar from Narsanda but the article was not delivered to its destination. The informant tried to contact with the driver of the truck and this petitioner but mobile phones of both of

Patna High Court Cr.Misc. No.29743 of 2017 (2) dt.07-07-2017 them was found switched off and the driver became traceless. In such circumstances, there is direct and serious allegation against this petitioner of misappropriating the article worth Rs. 25 lacs which was loaded on his truck, to be sent to its destination and the petitioner along with articles became traceless. Accordingly, prayer for anticipatory bail of the petitioner is rejected.

The petitioner is directed to surrender in the court below and seek regular bail which shall be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T