Patna High CourtCR. MISC./33698/2016bail granted

Sanjeev Kumar Rai @ Pappu v. The State Of Bihar

2016-10-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33698 of 2016 Arising Out of PS.Case No. -164 Year- 2015 Thana -BACHWARA District- BEGUSARAI ====================================================== Sanjeev Kumar Rai @ Pappu Son of Late Pawan Kumar Rai, Resident of village- Dasaut, P.S.- Hathori, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 364, 302, 392 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner happens to be owner of a petrol pump and it is alleged that in front of petrol pump of the petitioner diesel was unloaded from stolen lorry.

Submission on behalf of the petitioner is that Para-45 of the case diary goes to show that one Balmiki Choudhary had brought the stolen lorry in front of petrol pump of the petitioner and the aforesaid Balimiki Choudhary has already been granted privilege of bail by a co-ordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.33698 of 2016 (3) dt.21-10-2016 2/2 dated 26.08.2016 passed in Cr. Misc. No. 25982 of 2016. It is further submitted that petitioner does not have any criminal antecedent and several co-accused have already been granted privilege of bail by different Benches of this court whereas petitioner is in jail custody since 25.05.2016 and the investigation against him has already been completed.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Pankaj Pandey, Judicial Magistrate 1st Class, Begusarai in connection with Bachhwara P.S. Case No. 164 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T