Lakshmanudu Dande @ Kumar Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73672 of 2022 Arising Out of PS. Case No.-192 Year-2022 Thana- KASBA District- Purnia ====================================================== LAKSHMANUDU DANDE @ KUMAR JEE Son of Dande Laxminarayana Resident of 41 2/3 165, Harijana Seva Sangam Street Krishnalanka, P.SKrishnalanka, Dist- Vijaywada (Urban) Krishna (Andhra Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 420, 379, 504 and 506 of the Indian Penal Code.

As per FIR, petitioner being the proprietor of Srinivas roadway, Siliguri, provided one truck bearing registration number ODO5AT/5485 to the informant and informant after loading 29 tonnes 250 grams of maize from the godown, sent for delivery in Orissa but it is alleged that the driver and owner of the truck in furtherance of common intention sold the maize and kept the money.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.73672 of 2022(2) dt.03-02-2023 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioner. He is neither the driver nor the owner of the said truck. Petitioner is the proprietor of Srinivas roadway, Siliguri and the said truck was never engaged with his company. Petitioner has no criminal antecedent.

Petitioner is agreed to deposit the value amount of maize i.e. Rs.7,34,175/- in the learned court below. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since petitioner is ready to deposit the assessed value of the maize, let him, 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. 25,000/- (Rupees Twenty Five 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 Kasba P.S. Case No.192 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.73672 of 2022(2) dt.03-02-2023 3/3 Learned court below is directed to accept the bail bond of the petitioner after receipt of deposit of the aforesaid amount. However, the said amount shall be deposited in the court below, subject to the final outcome of the case. (Anjani Kumar Sharan, J) pallavi/- U T