Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80462 of 2019 Arising Out of PS. Case No.-250 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== RAJAN KUMAR Son of Surendra Singh Resident of Village - Mirjapur Nohta, P.S.- Fatwah (Fatuhan), District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Adv.
For the Opposite Party/s :
Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Khushrupur P.S. Case no. 250 of 2018 instituted for the offence under Section 379 of the Indian Penal Code. The prosecution case in nutshell is that the petitioner is driver of a Transport Company of the informant. He was assigned with a duty of transporting iron rod of 12 Ton 20 kg. by a Truck No. BR0100-7027 to a party of Mairwan Siwan but the same was not delivered to the prescribed place and his mobile phone was also getting switch off.
It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case. Neither the
Patna High Court CR. MISC. No.80462 of 2019(4) dt.25-10-2021 2/2 petitioner has any concern with the informant nor with the alleged vehicle. Petitioner is a student.
Learned APP has opposed the prayer of bail of the petitioner.
Having heard learned counsel for the parties and going through the impugned order dated 7.11.2019 passed in ABP no. 7873 of 2019, it is evident that witnesses have supported the prosecution case, which is mentioned in para nos. 2, 6, 7 and 8 of the case diary, this Court is not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the court below, without being prejudiced by this order of rejection. (Sunil Kumar Panwar, J) sushma/- U T