Sikandar Sharma @ Sikandra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66466 of 2025 Arising Out of PS. Case No.-65 Year-2023 Thana- SURYAPURA District- Rohtas ====================================================== Sikandar Sharma @ Sikandra Sharma S/o Lakshman Sharma @ Laxuman Sharma Resident of Village - Amra, P.S - Karwandia, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Harsh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-09-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Suryapura P.S. Case No. 65 of 2023 for the offence under sections 379 and 411 of the Indian Penal Code lodged on 25.04.2023 by the informant, Vijendra Ram.
3. As per the prosecution story, the informant alleged that on secret information, a truck loaded with illegal sand was apprehended, the occupants managed to escape and the 1100 CFT sand was loaded in it was seized. This led to the FIR.
4. Learned counsel for the petitioner submits that earlier the truck belongs to him, in the year 2019, through a notarized public stamp paper, the same was transferred to
2/4 Sanju Devi wife of Umesh Kumar Singh of Prayag Digha, Dalmiya Nagar, Dehri, Rohtas (Annexure P/2) and he has no concern with it. The fact that he has not even claimed the ownership of the truck shows that he has absolutely no concern. The further submission is that he has no criminal antecedent. He, however, concede that the petitioner should have ensured that the registration of the truck is transferred in the name of Sanju Devi so that he could have save himself from this criminal case and the last submission is that without accepting the allegation and/or the outcome of the present petition, learned counsel for the petitioner submits that he intends to contribute Rs. 10,000/- to the Chief Minister's Relief Fund.
5. Learned APP, Mr. Bharat Bhushan opposes the prayer submitting that the apprehended truck is registered in the name of the petitioner.
6. Taking into account the submissions of the parties as also that the Annexure-2 shows the transfer of truck in favour of Sanju Devi, he has not claimed the ownership of the seized truck and have no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs.
3/4 10,000/- to the Chief Minister's Relief Fund through Demand Draft and the receipt be submitted to the learned trial Court.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas in connection with Suryapura P.S. Case No. 65 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T