IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27653 of 2009 ASHUTOSH KUMAR, SON OF RAMA SHANKAR SINGH, RESIDENT OF SARHARWA, P.S. NARAULI, DISTT. SIWAN AT PRESENT RESIDENT OF LALDHARI, P.S. LAAR, DISTT DEWARIA (U.P) -------- PETITIONER Versus STATE OF BIHAR with Cr.Misc. No.27680 of 2009 1. SHEO SHANKAR YADAV, SON OF SUDAMA YADAV RESIDENT OF VILLAGE RAKJHA, P.S. LAR, DISTRICT DEWARIYA. 2. AMARJEET YADAV, S/O SWAMINATH YADAV, RESIDENT OFVILLAGE BEYASI, P.S. BALIA, DISTT. BALIA. -----PETITIONER Versus STATE OF BIHAR ----------- 2. 14/10/2009 The petitioners have been made accused in a case arising from Agamkuan P.S. Case No. 54 of 2009 for offences punishable under Sections 406/34 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. is that certain consignment had been loaded by the informant for being delivered at Gopalganj but the consignment never reached Gopalganj and in these circumstances the present case came to be instituted against the driver of the Truck namely Rajesh Yadav, the owner of the truck Awadhesh Yadav and the owner of the Transport Agency Ajay Kumar Singh. It is jointly contended on behalf of the petitioners that they have been involved in the present occurrence merely on suspicion. So far as the petitioner Ashutosh Kumar is concerned, it is contended that he has been arrested on alleged grounds of recovery of certain goods which have been 2 alleged to be the stolen goods. Learned counsel appearing on behalf of the petitioner Ashutosh Kumar submits that no details has been set out in the F.I.R. about the nature of the goods and the goods so recovered do not form part of the stolen goods. It is further submitted that even the seizure list is not clear under the said aspect. It was lastly contended that no offence under Section 406 is made out against the petitioner. The petitioner is in custody merely on suspicion since 16.5.2009. Learned counsel appearing on behalf of the petitioner of Cr. Misc. Case No. 27680 of 2009 namely,Sheo Shankar Yadav and Amarjeet Yadav submits that they are Driver and Khalasi respectively of another truck bearing registration No. UP53F-7907 although, the registration No. of the truck as mentioned in the F.I.R. is UP52F-1383 and the informant has specifically named Rajesh Yadav to be the Driver of the said truck. In the said circumstances, the learned counsel for the petitioners submits that in their case also the arrest has been made merely by way of suspicion on the so called information given by some spy. It is also contended that no case under Section 406 is made out against these petitioners as there was no entrustment of any goods. It is lastly contended that the petitioners are in custody since 25.4.2009. Having regard to the facts and circumstances of the case, let the petitioners Ashutosh Kumar, Sheo Shankar 3 Yadav and Amarjeet Yadav be released on bail upon each one of them individually furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S. Case No. 54 of 2009 subject to the condition that they would cooperate with the trial and would receive the police paper without causing any delay. They are further required to attend the court on each and every date fixed in the case and failure on their part to attend the court on two consecutive dates, would give liberty to the court below to institute proceeding for cancellation of bail. S. Ali (Jyoti Saran, J.)