PREMCHANDRA MISHRA v. THE STATE OF BIHAR

.... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s For the Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER : Mr. Ranjeet Kumar, Adv. : Mr. Ram Chandra Sahni, A.P.P.

#3. 24-12-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. Informant Officer-in-charge of Siwan Town P.S. Case No.275 of 2013 intercepted tank lorry bearing Registration No. BR9E 4144 on the pretext of carrying petroleum like substance. It has been submitted on behalf of petitioner that from the written report itself, it is evident that the driver and Khalasi were present who were arrested by the prosecution party. It is also evident there from that they have disclosed the articles being carried as well as its destination under valid road permit, invoice but the police officials only to justify apprehension of tank lorry as well as driver and Khalasi left to mention the same (Annexure-4). Patna High Court Cr.Misc. No.40749 of 2013 (3) dt.24-12-2013 2 It has further been submitted that petitioner happens to be the owner of the tank lorry. On the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that till today the material so seized is yet to be properly identified. Taking into account the totality of the event, petitioner Premchandra Mishra is directed to 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 learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No.275 of 2013 in the event of his arrest or surrender within four weeks in terms of Section 438(2) Cr.P.C. PN/- (Aditya Kumar Trivedi, J.)