Jai Pal v. The State Of Bihar

Patna High Court Cr.Misc. No.60164 of 2017 (3) dt.11-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60164 of 2017 Arising Out of PS.Case No. -388 Year- 2017 Thana -FATUHA District- PATNA ====================================================== Jai Pal, Son of Sri Naresh Prasad, resident of village and Police Station Fatuha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Mr. Ravi Ranjan, Advocate.

For the Opposite Party/s : Mr. Sri Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Fatuha P.S. Case No. 388 of 2017, registered under Sections 406 and 379 of the Indian Penal Code.

The allegation of informant is that on 30.08.2017, 52260 sugar bags, each containing 50 K.G., were unloaded at Fatuha Yard Railway Station and loaded in 163 vehicles for unloading in the godown of the informant, Vivek Lilha. While the petitioner loaded the sugar bags on truck sending the same at Godown of informant, but only 85 bags of sugar of 85 trucks were unloaded in the godown of the informant and there was no trace of 78 sugar bags loaded truck. The sugar bags were received for

Patna High Court Cr.Misc. No.60164 of 2017 (3) dt.11-12-2017 Rajesh Agrawal of Maa Tara Agency and the petitioner is the employee of Maa Tara Agency.

Learned counsel for the petitioner submits that this case has been lodged due to misconception, in fact, sugar bags loaded in 78 trucks were sent directly to the godown of Rajesh Agrawal for selling to different customers giving information to the informant.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Patna City, in connection with Fatuha P.S. Case No. 388 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T