Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2611 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -PATLIPUTRA District- PATNA ====================================================== Rajesh Kumar Son of Late Shivnandan Rai Resident of Mohalla - Kurji, P.S. - Digha, Dist. - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Usha Rai For the Opposite Party/s : Mr. Ram Sevak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Patliputra P.S. Case No. 111/2015, disclosing offences under sections 420, 129(B)/34 of the Indian penal Code. The petitioner worked as an agent of M/s Jai Mata Di Road King. It is alleged that certain articles were booked through a truck by the informant for some destination at Saharsa. Allegation is that there is no clue, either about the truck or goods so booked. It is alleged against the petitioner that he alongwith others conspired to plunder the goods and the truck as well. Learned counsel for the petitioner submits that except for

Patna High Court Cr.Misc. No.2611 of 2016 (3) dt.04-03-2016 the allegation that the petitioner had worked as an agent for booking of the goods, there is no material against him. Learned counsel, appearing on behalf of the informant, on the other hand, while opposing the prayer for anticipatory bail submits that the petitioner had attempted to mislead the informant by giving wrong information about location of the truck in question and wrongly informed that at some point of time it was on Darbhanga road, whereas location of the driver through mobile toner was found to be at Hajipur.

Be that as it may, in the facts and circumstances of the case, as there is no direct material to demonstrate that the petitioner conspired in concealing the truck or plundering the goods, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Smt. Deveya Mitta, Judicial Magistrate, 1st Class, Patna in Patliputra P.S.Case No.111/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and

Patna High Court Cr.Misc. No.2611 of 2016 (3) dt.04-03-2016 when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U