Sanjay Kumar Singh @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67558 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Sanjay Kumar Singh @ Sanjay Kumar Son of Vishwanth Singh R/o VillageItwa, P.S.- Sahpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar , Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 411 and 34 of the Indian Penal Code .
3 . As per prosecution case , on 22.03.2024, at about 10.00 p.m., informant along with other members of the Patrolling Party reached Jitaura Bazar, and saw three overloaded trucks with Sone red sand passing near Jitaura Bazar. When the patrolling party reached near the truck , all the accused persons tried to escape and, due to darkness,
Patna High Court CR. MISC. No.67558 of 2024(2) dt.08-10-2024 2/3 they succeeded in escaping. It is further alleged that in the presence of the members of the patrolling party , after following the procedure of search and seizure , they seized all three trucks and brought the trucks to the police station and F.I.R., was lodged against the owner and driver of the truck .
4. Learned counsel for the petitioner submits that petitioner has falsely been made accused in this case because he happens to be the owner of alleged truck bearing registration No. BR44G6204. As a matter of fact, sand was carried on truck with valid challan . The allegation of loading more than the alleged CFT loaded was done without any measurement and only on the basis of suspicion the present case has been lodged against this petitioner.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.67558 of 2024(2) dt.08-10-2024 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 4th Bhojpur in connection with Piro P.S. case No. 120 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T