Digvijay Narayan Singh @ D.N. … vs The State Of Bihar on 19 August, 2011

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.27878 of 2011
          Digvijay Narayan Singh @ D.N. Singh, S/O Late Madhusudan Singh,
          R/O- Vill- Sri Rampuri, Bhagwanpur, P.S.- Muzaffarpur Sadar, Distt.-
          Muzaffarpur, Presently residing at Mohalla- Lichi Bagan, Railway
          Colony, West of Durga Mandir, P.S. Kazi Muhammadpur, Distt.-
          Muzaffarpur.
                                                           ...... Petitioner.
                                   Versus
          The State of Bihar                                 .... Opp. Party.
                                  -----------

2 19.08.2011 Heard learned counsel for petitioner and learned

counsel for the State.

The petitioner apprehends his arrest in connection

with a case registered for the offence under sections 379, 386,

504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per

F.I.R. demand of Rangdari is alleged to have been made on

04.07.2010 from the staff of the informant at Muzaffarpur

Railway Station, but no F.I.R. was registered. The informant

alleges that in the night the petitioner carried the goods which

belonged to him and abused his staff Ramji Singh but still no

F.I.R. was registered in the night of 4th July, 2010. Even on 5th

July 2010 no information was given to the police and ultimately

on 6th July 2010 a written statement was filed before the

Officer-in-charge, G.R.P. Police Station, Muzaffarpur and the

same was registered on 6th July, 2010 at 8.15 P.M.

Learned counsel for the petitioner further submits
2

that neither the kind of goods which has been alleged to be

taken away by the petitioner has been mentioned nor the value

of goods taken away by the petitioner has been mentioned

anywhere in the written statement submitted to the Police. He

further submits that case has been instituted with oblique

motive as both the informant and petitioner happens to be

Transporter dealing in carriage of goods. It is submitted that the

petitioner has got no criminal antecedent.

Considering the aforesaid submissions, let the

petitioner, namely, Digvijay Narayan Singh @ D.N. Singh, in

the event of his arrest or surrender before the court below within

a period of four weeks from the date of receipt/communication

of the order be released on bail on furnishing bail bonds of

Rs.5,000/- (five thousand) with two sureties of the like amount

each to the satisfaction of learned Railway Magistrate, Sonepur

at Saran in connection with Muzaffarpur Rail P.S. Case No. 46

of 2010, subject to the conditions as laid down under section

438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.)
Bhardwaj