Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1808 of 2024 Arising Out of PS. Case No.-813 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Anil Kumar S/O Shiv Kumar Mahto R/O Village- Rasulpur, P.S- P.S- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the State :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhabua (Sonhan) P.S. Case No. 813 of 2023 registered for the offence punishable under Sections 406, 420 and 379 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is the owner of a transport agency and he had supplied the number of a truck on which the informant loaded the wheat himself and thereafter, the truck along with the goods has gone missing. The truck and the goods have not been recovered as yet. During investigation, it has come that the truck belongs to one Hira Lal Yadav (who is yet to be arrested by the police).

4. Learned counsel for the petitioner further submits

Patna High Court CR. MISC. No.1808 of 2024(2) dt.18-01-2024 2/3 that he has no role in the alleged crime as he is a transport operator who works for commission and he had been contacted by the truck for transportation and he had given the truck number to the informant who had himself loaded the goods in the truck in question. The petitioner also submits that he is ready to co-operate in the investigation if released on bail. The petitioner is in jail since 19.09.2023. No material has come against the petitioner to connect him with the alleged crime. He may be a victim himself.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the above, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua (Sonhan) P.S. Case No. 813 of 2023.

7. The petitioner will cooperate in the investigation.

8. The Superintendent of Police, Bhabua is directed to monitor the investigation himself so that the investigation is concluded at the earliest and the criminals who have cheated the informant and the petitioner are caught and the goods are

Patna High Court CR. MISC. No.1808 of 2024(2) dt.18-01-2024 3/3 recovered.

9. The Superintendent of Police, Bhabua will send a report to this Court about the investigation after one month.

10. Let a copy of this order be communicated to the Superintendent of Police, Bhabhua for its compliance through FAX or e-mail forthwith.

(Sandeep Kumar, J) P. Kumar U T