IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.610 of 2010 SUSHIL KUMAR GEONKA @ PAPPU GOENKA Versus THE STATE OF BIHAR & ORS ----------- 3 30.8.2010 The petitioner prays for quashing the warrant of arrest issued against him by the Additional Chief Judicial Magistrate, Patna City by order dated 3.6.2010 passed in Malsalami P.S. Case No.40 of 2010 registered under sections 419, 420 and 379 of the Penal Code to which sections 396, 120B and 412 of the Penal Code was added later on. The petitioner’s owns a Biscuit factory. One Usha Singh and her husband Shashi Bhushan Singh owned a piece of land with Godown. It is stated that a truck loaded with goods after unloading the part of goods at the premises of Usha Singh left for Khagaria. However, when the truck did not reach Khagaria, the informant lodged the complaint against the driver as well as owner of the truck. Thereafter the dead bodies of driver and the Khalasi of the truck were recovered and as such sections 396,120B and 412 of the Penal Code have been added later. Learned counsel for the petitioner submits that the petitioner is no where connected with the land and godown which is owned by Usha Singh and her husband Shashi Bhushan Singh. He submits that it would appear from Annexure-3 that Usha Singh had let out her land and godown to other person. 2 KHAN However, at the end she states that she had taken the name of the petitioner as one having associates with Chunnu Singh to whom she had let out her godown. He further submits that the police have submitted final form charge sheeting some of the accused persons. A counter affidavit has been filed on behalf of respondent no.3 wherein in paragraph 4(viii) it has been stated that in course of investigation the witnesses have said that Shashi Bhushan Singh let out his godown to Ramjee Keshri @ Birender Singh, Pappu Goenka and Deepak Sagar and looted items were recovered from the aforesaid godown. Having heard counsel for the parties, this court grants indulgence to the petitioner to explain his case before the A.S.P., Patna City. It would be open for the petitioner to produce all documents before him, on which he may rely, in order to enable him to explain his case. No coercive steps would be taken against the petitioner Sushil Kumar Goenka @ Pappu Goenka in connection with Malsalami P.S. Case No.40 of 2010 for a period of six weeks from today. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)