Ajay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74883 of 2019 Arising Out of PS. Case No.-475 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

AJAY KUMAR SAH Son of Sri Rajendra Kumar Sah Resident of VillageChandan Nagar, P.S.-Sadar, District-Purnea. 2.

Amit Kumar Son of Maheshwar Lal Yadav Resident of Village-Bageshwari Asthan, P.S.-Sadar, District-Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Sadar P.S. Case No. 475 of 2019 for the offences punishable under Sections 406, 420, 467, 468, 470, 471/34 of the Indian Penal Code.

The allegation is regarding the petitioners, who are said to be the transporters, of having undertaken to transport the maize belonging to the informant to Assam by trucks and after the maize was sent by trucks, it is alleged that the driver had fled away with the truck and maize. It has been further alleged that the petitioners herein in collusion with the driver of the

Patna High Court CR. MISC. No.74883 of 2019(2) dt.04-12-2019 2/2 truck have misappropriated maize of the informant worth Rs. 16.50 lakhs an odd.

The learned counsel for the petitioners submits that the petitioners are innocent, they are having clean antecedent and are languishing in custody since 16.09.2019. It is further submitted that the petitioners are the transporters and they are neither the owner nor the driver of the truck. The petitioners are stated to be having no complicity in the matter and it is submitted that if any one is having complicity in the alleged occurrence, it may be the driver and owner of the truck in question. Lastly, it is submitted that the driver and the owner of the truck are accused in the connected case but are absconding. Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 475 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T