Mosam Khan v. The State Of Bihar
Patna High Court Cr.Misc. No.52211 of 2017 (2) dt.08-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52211 of 2017 Arising Out of PS.Case No. -438 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Mosam Khan, son of Din Mohammad.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Avanish Kumar Singh For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Mohania P.S. Case No. 438 of 2017, registered under Sections 418, 419 and 420/34 of the Indian Penal Code. The accusation is that, in course of patrolling duty on 11.08.2017, several trucks were found overloaded at Mohaniya Chouck including the three trucks of the petitioner and the drivers of the trucks of the petitioner were also apprehended. Learned counsel for the petitioner submits that, in fact, petitioner is the owner of three trucks as detailed in the F.I.R., which were driven by the drivers and they loaded the materials from the Transport and he has no knowledge about the overloading materials.
In fact, petitioner has deposited
Patna High Court Cr.Misc. No.52211 of 2017 (2) dt.08-11-2017 Rs.1,76,300/- as penalty imposed by the Government authority, which would appear from annexure 2 series.
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 Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Mohania P.S. Case No. 438 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