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Ashok Kumar @ Driver Ashok vs The State Of Bihar on 4 September, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36007 of 2019
Arising Out of PS. Case No.-14 Year-2019 Thana- KHARIK District- Bhagalpur

Ashok Kumar @ Driver Ashok Son of Ratan Ram Resident of Village-
Mumtaj Mohalla, Naugachia, P.S.- Naugachia, District- Bhagalpur.
… … Petitioner
Versus
The State Of Bihar … Opposite Party

Appearance :
For the Petitioner : Mr.Viveka Nandsingh, Advocate
For the Opposite Party : Nirmala Kumari, Addl Public Prosecutor

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER

3 04-09-2019 Heard learned counsel for the petitioner, the State as

well as perused the case diary.

Petitioner is an accused in a case registered for the

offence under Sectionsections 406 and Section120B of the Indian Penal Code.

Petitioner, being a driver of the pickup van, is alleged

to have illegally unloaded a consignment of shoes with the help

of two persons who were lifted by him in course of transporting

the consignment.

Learned counsel for the petitioner submits that the

allegation against the petitioner is false as he is merely a driver

of the vehicle and is no way connected with the loot of

consignment. Further, there is no recovery from his possession

to connect him with the offence. He and the owner of the

vehicle met the informant and reported him regarding the loot

immediately after the occurrence. He has no criminal antecedent
Patna High Court CR. MISC. No.36007 of 2019(3) dt.04-09-2019
2/2

and is in custody since 17.1.2019. Further, no offence under

Sectionsection 406 IPC is made out against him.

Considering the facts of the case, let the petitioner,

above named, be released on bail on furnishing bail bond of

Rs.10,000/- (ten thousand) with two sureties of the like amount

each to the satisfaction of the Judicial Magistrate 1 st class,

Naugachia in Kharik Police Station Case No. 14/2019, subject

to the condition that the petitioner shall fully co-operate with the

investigation and trial of the case, failing which the Court below

shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J)
Shashi

U T

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