Shekh Aslam @ Shek Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61376 of 2019 Arising Out of PS. Case No.-645 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== SHEKH ASLAM @ SHEK ASLAM Son of Shek Kamira Resident of Village- Pichhla, Paschim Mohanpur North Dinazpur, P.S.- Karan Dighi, District- West Bengal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No.645 of 2018 registered under Sections 353, 379, 307/34 and 427 of the Indian Penal Code besides Bihar Laghu Khanij Samnuddan Niyamawail 1972 Rules 40, 33 and Rule 08 of 2013.

The accusation is that in course of checking of the vehicles in the night duty by the informant, on 15.10.2018 at about 10.00 P.M., at Faring Gola Check Post, one truck bearing Registration No.WB59B-4786 was seen coming. On giving the signal to stop the truck by the informant, the truck driver did not stop the truck and moved ahead. While the truck was again

Patna High Court CR. MISC. No.61376 of 2019(2) dt.15-10-2019 2/2 chased but the driver of the truck succeeded to flee away, breaking the barriers of Rampur Check Post and thrashing the constables.

Learned counsel for the petitioner submits that, in fact, the petitioner is the owner of the aforesaid truck, which was engaged for transportation of the goods and was being driven by the truck driver. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No.645 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T