(1) CR.APP. 2217.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2217 OF 2009 Abdul Malik Abdul Hamid Age: 56 years, Occu.: Agriculture, R/o House No.142, Village-Supauliya, Tq. Jalley, Post-Karva, Dist. Darbhanga (Bihar) .. Applicant Versus The State of Maharashtra, through Jillha Peth Police Station, Jalgaon, Dist. Jalgaon (Copy to be served on the Office of the Govt. Pleader, Bombay High Court, Bench at Aurangabad) .. Respondent Mr. M.S. Deshmukh, Advocate for the Applicant Smt. S.B. Wadmare, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 14TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no.291 of 2008 registered by Jillha Peth Police Station, Jalgaon for the offences punishable under section 379 of the Indian Penal Code. 2] The applicant is owner of Tata Sumo car no. MH-12/P-9512. He purchased this vehicle in (2) CR.APP. 2217.2009 Maharashtra, and took it to Bihar where he got the vehicle re-registered with the authorities at Bihar. After the re-registration of the vehicle with the Transport Office of Bihar, they gave the vehicle a new number which is BR-07/P-1693. The vehicle is now identified with this number since 18.12.2007. The incident in question took place on 14.11.2008. The eye witness said that he saw a commercial vehicle bearing no. MH-12/P-9512, was used for transporting two cattles which were stolen from the complainant’s house. The incident of theft took place during the night of 13th and 14th November, 2008. Early morning on 14.11.2008, the complainant noticed that one of his cattles was missing and so he started it’s search. During the search, he came across another person whose cattle was also stolen during that night. Both of them then continued search of the animals and they soon came across an eye witness by name Pankaj, who told them that he saw that a cow was being loaded in a truck like vehicle during that night. He said he got suspicion because of this activity and when he went close to the vehicle, the persons who were in control of the vehicle drove it away quickly. He however, noticed the member of the vehicle. He said the vehicle bore registration number MH-12/P-9512. During the investigation, neither the vehicle was traced quickly, nor the animals. (3) CR.APP. 2217.2009 3] On the basis of the number mentioned above, the Police received information that the vehicle belonged to the present applicant and it was taken to Bihar. Since 28.12.2007, it’s registration number has been changed. The information which the Police received from the District Transport Officer, Darbhanga, Bihar, shows that the vehicle in question was a Tata Sumo car, a passenger vehicle, whereas the eye witness specifically mentioned that what he saw was a truck like vehicle, which had a carriage on the backside and he specifically mentioned that a cow was lodged in the vehicle by opening the side panel of the carriage. The eye witness however, specifically mentioned the registration number of the vehicle. It seems that the eye witness most probably made an error in describing the number of the vehicle. The vehicle, the eye witness saw, was not a passenger vehicle and so it could not have been the vehicle, belonging to the applicant. 4] It is most unlikely that the applicant’s vehicle was used for transporting the stolen cattle on the date of incident. The applicant apparently does not have any connection to the crime. The applicant, therefore deserves protection of anticipatory bail. (4) CR.APP. 2217.2009 5] In the event of the applicant’s arrest in crime no. 291 of 2008 of Jillha Peth Police Station, Jalgaon, he shall be released on bail of Rs.5000/- (Rs. Five Thousand) with one surety in the like amount. 6] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/14july9/cr2217.09