Sanjeev Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68473 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- BASOPATTI District- Madhubani ====================================================== Sanjeev Kumar Singh Son of Birendra Kumar Singh Resident of Village - Barun Dih, Police Station - Barun, Post Office - Barun, District - Aurangabad, Bihar - 824112. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Saket Tiwary, Advocate :

Mr. Tarun, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 318 (4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation in the first information report is that the petitioner, who is the owner of the truck, in association with the transporter have misappropriated the paddy worth Rs.6,42,428/- of the informant and have sold the same causing loss to the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner has been made accused on the basis of suspicion, on account of the fact that he is the registered owner of the truck in question but the fact of the matter is that the said truck was operated by the transporter, who owes the primary responsibility of any irregularity. However, on account of agreement reached between the parties to settle the matter (Annexure-P/3), the petitioner has already made a payment of Rs.2.5 lacs in the account of the informant, the transaction receipt of which is annexed as Annexure-P/2 and is also

Patna High Court CR. MISC. No.68473 of 2025(2) dt.26-09-2025 2/2 ready to pay the balance amount of Rs.3.25 lacs to the informant, subject to the final out come of this case. It is also pointed out that the petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6.

Taking into consideration the facts and circumstances of the case and considering that the petitioner has already showed the bona fide by making a substantial amount of payment to the informant and is not the transporter rather the owner of the truck, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Basopatti P.S. Case No. 05 of 2025, subject to the condition as laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. (Soni Shrivastava, J) Trivedi/- U T