Jai Krishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75336 of 2022 Arising Out of PS. Case No.-25 Year-2021 Thana- MEHUSH District- Sheikhpura ====================================================== JAI KRISHAN KUMAR Son of Ramotar Yadav R/v- Salempur, P.SSuryaghara, Dist- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 and 414 of the Indian Penal Code.

As per the allegation, a truck was intercepted and some stolen electric poles were recovered therefrom. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that from the statement of the driver and khalasi, it is clear that petitioner has no concern with the alleged truck and the material seized therefrom. As a matter of fact, the truck does not belong to the

Patna High Court CR. MISC. No.75336 of 2022(2) dt.05-04-2023 2/2 petitioner which is clear from the transfer paper relating to D.T.O. office. The sale deed was made by the Tutu Singh in the name of the petitioner but Tutu Singh has not handed over the truck to the petitioner and later on the said Tutu Singh changed his mind and till now it has not been handed over the petitioner. The said Tutu Singh has been enlarged on bail by a co-ordinate bench of this court vide order dated 21.07.2022 passed in Cr. Misc. No. 65152 of 2021. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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. 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 Mehus P.S. Case No. 25 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.