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
The State Of Bihar … Opposite Party
For the Petitioner : Mr.Viveka Nandsingh, Advocate
For the Opposite Party : Nirmala Kumari, Addl Public Prosecutor
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
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
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
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)