IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33853 of 2010
Sushil Kumar Goenka @ Pappu Goenka
Versus
State Of Bihar
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04. 14.07.2011 Heard learned counsel for the petitioner and
learned counsel for the State.
A truck having its destination to Khagaria from
Patna loaded with several types of articles disappeared. Later
on it appeared that same was looted and its driver and
Khalasi were murdered. Six persons are arrested in the case
who confessed their guilt disclosing unloading of its articles
in go-down of Shashi Bhushan Singh, later on his wife
appeared with a Kirayanama that the said go-down was
rented to one Manoj Kumar showing Pappu Goenka, Dipak
Sagar his parents. Submission of learned counsel for the
petitioner is that Manoj Kumar is non-existing person and
petitioner is not Pappu Goenka even then he is apprehending
his arrest. Specifically it is submitted that petitioner’s Biscuit
Factory is running in premises over Shashi Bhushan Singh
brother’s land on lease and only to cast pressure to vacate the
same and to save his own skin, story of allotting the go-down
on rent is created. Till today where about Manoj Kumar has
also not appeared.
Having regard to the facts and circumstances of
the case, in the event of arrest or surrender within a period of
one month from the date of receipt/production of a copy of
2
this order, the above named petitioner shall 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 Additional Chief Judicial Magistrate, Patna City,
Patna in connection with Malsalami P. S. Case No.40 of
2010, subject to the condition as laid down under section
438(2) of the Cr. P. C.
Vikash (Mandhata Singh, J.)