Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61363 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- MANSI District- Khagaria ====================================================== PINTU KUMAR, Son of Birju Mahto, Resident of Village- Akopur, P.S.- Cheriya Bariyarpur, Districjt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Mansi P.S. Case No. 146/2019, G.R. No. 1697/2019, registered for the offence punishable under Sections 406, 407, 420/34 of the Indian Penal Code. Petitioner happens to be driver of truck. As per FIR, on 14.06.2019 in the morning, the informant called to Ravish Roadways All India Truck Supplier Transport and Commission Agent Har-Har Mahadev Chowk Begusarai for sending maize from Mansi to Railway Mal Godown Bakhri Begusarai bearing two Trucks Registration No. BR21F-1299 and another truck bearing No. CG7 CA-5637. It is alleged that informant sent maize 27 tonnes and 330 kg. (438 bags) total cost Rs. 4,56, 411/-. Allegation against the driver is that he is switch

Patna High Court CR. MISC. No.61363 of 2019(6) dt.06-02-2020 2/2 off his mobile and goods also have not reached at the destination.

Learned counsel for the petitioner submits that except confessional statement in which the name of the petitioner conspires in this case there is nothing against him. It appears that some other persons are responsible for selling loaded maize. The petitioner is in custody since 21.06.2019. Heard APP also.

On perusal of the case diary, it appears that the petitioner being driver sold the maize from the truck, in place of delivery, the maize crop in collusion with other accused and he confessed in his statement.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail at this stage. This application is accordingly dismissed with liberty to the petitioner to renew his prayer for bail, once charge is framed.

(Vinod Kumar Sinha, J) amitkumar/- U T