Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60339 of 2019 Arising Out of PS. Case No.-382 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SANJAY SINGH @ SANJAY KUMAR SINGH Son of Late Amar Bahadur Singh Resident of Mohalla - Yadunandan Nagar Tifra, P.S.- Sirgitti, DistrictBilaspur, Chhattisgarh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Aurangabad Town P.S. Case No. 382 of 2018, disclosing the offence under Sections 406, 420, 120-B of the Indian Penal Code.

The petitioner is owner of a truck. It is the case of the prosecution that the informant had to send a consignment of paddy to a cold storage in Chhattisgarh. The petitioner's truck was hired for that purpose. The allegation is that the consignment did not reach its destination. The informant inquired about it from the petitioner, whereupon he was told that the driver was missing with the entire consignment. According

Patna High Court CR. MISC. No.60339 of 2019(2) dt.20-11-2019 2/3 to the petitioner, as communicated to the informant, the driver had fled away after selling the entire consignment. The truck was subsequently recovered.

It is the case of the informant that the petitioner connived with the driver for misappropriation of the entire consignment which was dispatched from Aurangabad for Chhattisgarh.

Learned counsel appearing on behalf of the petitioner has submitted that the allegation against the petitioner is presumptive, inasmuch as, the informant believes that the petitioner might have connived with the driver. The driver, he contends, has so far not returned.

Considering the facts and circumstances and the natural probabilities, in my view, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Aurangabad Town P.S. Case No. 382 of 2018, subject to the condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.60339 of 2019(2) dt.20-11-2019 3/3 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T