Dhananjay Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24030 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- RAJAULI District- Nawada ====================================================== Dhananjay Kumar Choudhary, Son of Dinesh Choudhary, Resident of village- Masina, P.S. Khanpur, District- Samastipur ... Petitioner

Versus

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

For the Petitioner :

Mr. Devendra Prasad Singh, Adv.

For the Opposite Party :

Mr. Rajkishore Singh, APP 172 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 30-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Rajauli P.S. Case No. 54 of 2018 for offences punishable under Section 420/34 of the Indian Penal Code.

The prosecution case as per the written report of Vijay Kumar Singh, Assistant Sub Inspector of Police, Rajauli Police Station, Nawadah, submitted to the Station House Officer, Rajauli Police Station, Nawadah, is to the effect that the informant received a secret information that one abandoned truck with forged registration no. BR-01GC-2287, is lying parked since several days near Raju Line Hotel at Hardia. The informant reached at the spot and seized the truck.

It is submitted by the learned counsel for the petitioner that the truck in question was purchased by the petitioner from one Baby Kumari, but, the ownership was not transferred. The truck went missing from the next date of purchase. On receiving the information about seizure of the truck the petitioner went to Police Station to find

Patna High Court Cr.Misc. No.24030 of 2018(2) dt.30-04-2018 2/2 that truck's registration number plate has been changed. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

It is lastly submitted by the learned counsel for the petitioner that in the impugned order, engine number and chassis number have wrongly been recorded and the said error has been corrected by the learned Sessions Judge, Nawadah, by order, dated 20.04.2018, passed in Cr. Misc. Case No. 20 of 2018.

Considering the fact that on the date of seizure the truck was not registered in the name of the petitioner, the prayer of the petitioner for grant of anticipatory bail is allowed, in the event of surrender/arrest of the petitioner, named above, before the Court below, within four weeks from today in connection with Rajauli P.S. Case No. 54 of 2018 shall be released on anticipatory bail 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, Nawadah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) Shamshad/- U T