Hasin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1820 of 2022 Arising Out of PS. Case No.-340 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== Hasin Khan S/o- Jamil Kadar Khan @ Jamil Kadir Khan R/o- Paithanpatti, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 414, 413, 442, 412, 411, 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.09.2021, charge-sheet has been submitted and is a person with antecedent of one case. Learned counsel for the petitioner submits that informant alleges that he received information that some accused persons were unloading looted goods from a truck in a godown, accordingly, the informant reached the place of occurrence and saw a truck from which 168 cartons of Suman tea and 427 sacks of plastic in multiple colour tea leaf in a bag

Patna High Court CR. MISC. No.1820 of 2022(2) dt.24-05-2022 2/2 were recovered and the petitioner alongwith two named accused persons were arrested.

Learned counsel for the petitioner submits that the petitioner is the driver of the truck and is not the owner and as such he was unaware that what the owner and the transporter had loaded in the truck were looted articles. It is submitted that being driver of the truck, he reach the destination were he was instructed to go by his owner.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 07.09.2021, charge-sheet has been submitted and petitioner is the driver of the truck and not the owner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chhatauni P.S. Case No. 340 of 2021.

(Satyavrat Verma, J) Ankit/- U