Cr.M. No. 35916 of 2019 applicant sought anticipatory bail in an IPC case regarding vehicle parts smuggling. The High Court rejected the prayer, noting specific allegations against the applicant as the truck owner and the seizure of contraband covered with tar.
Prayer for anticipatory bail of the petitioner rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35916 of 2019
Arising Out of PS. Case No.-126 Year-2016 Thana- KANKARBAG District- Patna
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AMOL KUMAR JHA S/o Sri Gajendra Narayan Jha Resident of 355E Swablambi Residency Daud Bigha Kumhrar, P.S.- Agam Kuan, DistrictPatna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Parmeshwar Vishwakarma For the Opposite Party/s : Mr.Manoj Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 28-08-2019 The petitioner apprehends his arrest in connection with Kankarbagh P. S. Case No. 126 of 2016 registered under Sections 413,414,420 and 421/34 of the Indian Penal Code.
Allegation against the petitioner as per FIR is that the police on secret information that owner of Kabari Shop at Chandmari Raod, Kabrigali was indulged in cutting of fourwheeler vehicles and selling the parts thereof after cutting the stolen vehicles, proceeded there and the police seized a Mini Truck loaded with vehicles’ parts, which was covered with Tirpal and on enquiry, it was detected that the vehicles, which were cut by Kabari , were loaded on the trucks but no papers were produced by the petitioner.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.35916 of 2019(4) dt.28-08-2019 2/2
submits that petitioner is innocent and has falsely been implicated in this case merely due to the fact that he is owner of the mini truck, which was found standing there. He submits that petitioner has no criminal antecedent and is a transporter and from perusal of the seizurelist, it does not appear that what material or vehicles’ parts were found by the police in the truck covered with Tirpal.
After having heard learned counsel for the parties and taking into consideration the fact that allegation against the petitioner is specific that parts of stolen trucks were found loaded in the Mini Truck belonging to the petitioner, which was covered with Tirpal , as such I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
(Anil Kumar Sinha, J)
sujit/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest in a case alleging vehicle parts smuggling.
Whether the petitioner, being the owner of a truck found loaded with parts covered with tar, has a prima facie case warranting bail.
1 provisions across 1 enactments
Amol Kumar Jha
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
