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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58357 of 2026 Arising Out of PS. Case No.-441 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Jitendra Ray S/O Sudeshwar Ray Resident of Village- Sabalpur, Newal Tola, P.S- Sonepur, District- Saran, Bihar- 841101. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar Jha, Adv. For the Opposite Party/s : Mr. Yogendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-08-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 441 of 2024, registered for the offenses punishable under Sections 379 420 of the IPC. 3. Allegedly, while a truck bearing Registration No. UP44T8337 was intercepted and seized by the authorities of the Mining Department on being found the same is engaged in carrying sand without valid transit challan. Taking note of its unmoving position, the truck was parked near Chandaralay petrol pump. later on it has been found that the said truck, in question, was stolen away by the petitioner with the help of others. 4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.58357 of 2026(2) dt.19-08-2026 2/3 the name of the petitioner has been implicated in this case by virtue of he being owner of the truck, in question. From a bare reading of the FIR, it is evident that the truck, in question, was seized by the authorities of the Mining Department and, as such, it was under their control; if any theft or damage caused to the truck, the responsibility shifted upon them and not against the petitioner. Only in order to save their own skin, the name of the petitioner has been implicated in this case. During the course of investigation, neither the whereabouts of the truck has been disclosed by the Investigation Officer nor the complicity of the petitioner in causing theft of his own truck. The petitioner is carrying fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the motive is writ large, petitioner is being owner, with the help of others, stolen away the truck, which was kept abandon nearby the Chandaralay petrol pump by the authorities of the Mining Department. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact that neither there is any eyewitness to the alleged
Patna High Court CR. MISC.
No.58357 of 2026(2) dt.19-08-2026 3/3 occurrence nor during the course of investigation any material has collected to support the case of theft or even the recovery of the truck has been made out; Besides, it is evident that the truck, in question, was under control of the authorities of the Mining Department, as also the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs. 25,000/- (Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 441 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
sumit/- (Harish Kumar, J) U T