Prakash Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25214 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Prakash Kumar Sharma Son of Kali Charan Sharma @ Kali Rana, resident of Mahthadih, Domchanch Bazar, Police-Station-Domchanch, District-Koderma (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar Singh For the Opposite Party/s : Ms. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nawada Town Police Station Case No. 90 of 2017, disclosing offences under Sections 379/414/34 of the Indian Penal Code.

The petitioner is the registered owner of a truck, having registration no. JH-12C/1936. The said truck has been seized by the police, loaded with stone chips, since the driver of the said truck failed to furnish any document in support of the stone chips, a case has been registered. Learned Counsel appearing on behalf of the petitioner has submitted that the petitioner has with him

Patna High Court Cr.Misc. No.25214 of 2017 (2) dt.06-07-2017 2/3 the transit challan in support of the said stone chips and the owner book of the truck, in question. He has submitted that the transit challan was shown to the police by the driver of the said truck, which the police failed to acknowledge.

Considering the above submission, this application is allowed.

Let the petitioner, Prakash Kumar Sharma, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Nawada, in connection with Nawada Town Police Station Case No. 90 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

It is indicated that before the petitioner is released on anticipatory bail, pursuant to this order, the

Patna High Court Cr.Misc. No.25214 of 2017 (2) dt.06-07-2017 3/3 learned Court below shall satisfy itself as regards the petitioner's transit challan and owner book of the truck, in question.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √