Patna High Court
Abhishek Sinha @ Abhishek Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
A transport commission agent who merely facilitates the hire of a truck and has no control over the goods cannot be held liable for the alleged misappropriation and is entitled to bail.
Summary
The petitioner, Abhishek Sinha, a transport commission agent, was apprehended in connection with a case alleging misappropriation of goods worth Rs.5,00,000 loaded on a truck. The prosecution alleged that the truck driver and owner misappropriated the goods, and the petitioner was charged under Sections 318(4), 316(2), 303(2) and 3(5) of the BNS. The petitioner contended that his role was limited to arranging the truck and that he had no control over the goods or the truck, and he had no criminal antecedent. The State opposed bail, but the court noted that the truck had already been seized and the petitioner’s involvement was merely as a commission agent. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to verification of antecedents and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- What is the extent of liability of a transport commission agent in a case of alleged misappropriation of goods?
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the BNS.
Legislation cited
Subjects
- bail
- transport commission agent
- misappropriation of goods
- Section 482
- criminal antecedent
- commission agent liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18144 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Abhishek Sinha @ Abhishek Kumar Sinha Son of Ashok Kumar Sinha
Resident of Mohalla - Anand Nagar, Kamre Hehal, P.S.- Hehal, District -
Ranchi, Jharkhand. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Advocate
: Mr. Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Sadar P.S. Case No. 31 of 2025, for allegedly
having committed offence under Sections 318(4), 316(2), 303(2)
and 3(5) of the BNS.
3. As per the prosecution case, goods worth
Rs.5,00,000/- were loaded on a truck bearing registration no.
CG07CT-8537 by the driver of the said truck which was to
reach Orissa, but the same did not reach the destination place
and upon repeated calls on the mobile number of the driver, the
same was found to be switched of. Then the informant talked to
the owner of the truck, but the number of the owner of the truck
was also switched off. It was alleged by the informant that the
Patna High Court CR. MISC. No.18144 of 2026(2) dt.25-03-2026
2/3
transport company, the owner of the truck and the driver are
involved in misappropriation of the goods and they have sold
the same for their illegal gain.
4. The learned counsel for the petitioner submits
that the petitioner is a transport agent and his only duty was to
provide the truck by facilitating in between the informant and
the owner of the the truck. The petitioner has got no concern
either with the truck or with the materials, which was loaded on
the said truck. The truck was later on seized by the police and
misappropriation, if any, has been caused by the owner and the
driver of the truck and the petitioner being transport commission
agent, is not at all involved in the said misappropriation. The
petitioner has got no criminal antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties
and after considering the fact that the petitioner is only a
commission agent/transport agent, who only facilitated the truck
to the informant through the owner, for which he got a meager
amount towards his commission and further the truck has
already been seized by the Police, let the petitioner, above
named, in the event of arrest or surrender within a period of six
Patna High Court CR. MISC. No.18144 of 2026(2) dt.25-03-2026
3/3
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Darbhanga in connection with Sadar P.S. Case No. 31 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U
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