IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22346 of 2009 1. SARVESH KUMAR @ VICKY, son of Animesh Kumar, resident of Mohalla-Shri Vishnu Vihar near Jagjivan College, P.S.-Mufassil, District-Gaya. 2. RAJESH YADAV, son of Sri. Sukhdeo Yadav, resident of A.I.G. G.S. Road, P.S.-Kuju Mandu, District-Hazaribagh (Jharkhand) ……Petitioners Versus The State Of Bihar ……..Opposite Party. ----------- 02. 31.07.2009 Petitioners apprehend arrest in Barachatty P.S. Case No. 150 of 2009 registered under Sections 409, 420 of the Indian Penal Code. It appears that certain consignments of steel ingot were being transported from Orissa to Kanpur on a truck. When it did not reach its destination enquiries were made. It was learnt that midway the truck had been seized by M/s-Tata Finance Company to recover the hire money thereon. It is alleged that on 22.04.2009 the goods were loaded on truck bearing No. BR 2H-4110 belonging to the petitioners and they were given Rs. 18,000/- as an advance for taking the consignment to Kanpur. They did not so reach the consignment to Kanpur. This is the First Information Report. Petitioners submit that the entire story is false story built up at the instance of others for a simple reason that on 18.04.2009 petitioners’s aforesaid - 2 - truck was requisitioned for general election and released only on 24.04.2009. if that be so, it is not possible that on 24.04.2009 the petitioners’s truck was available for transporting goods to Kanpur. This falsify the whole case as against the petitioners. In the facts and circumstances stated above, let the petitioners namely 1. Sarvesh Kumar @ Vicky 2. Rajesh Yadav, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Barachatty P.S. Case No. 150 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)