Bhuneshwar Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5717 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- PALIGANJ District- Patna ====================================================== Bhuneshwar Mistry, Son of Late Sukhdeo Mistry @ Suryadeo Mistry, Resident of Village- Ankuri, P.S.- Paliganj, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vinay Mistry, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Paliganj P.S. Case No.136 of 2019 for the offence punishable under Section 379 of the Indian Penal Code. It is contended that on 13.04.2015, a raid was conducted in the Saw Mill premises of the petitioner and 85 wood logs along with Saw Mill was jointly seized by the Forester and the police. The petitioner filed a writ petition before this Court vide CWJC No. 7444 of 2015 against the seizure of the aforesaid articles and the seizure list dated 13.04.2015 was quashed by this Court vide order dated 31.07.2015. Thereafter, an intra-court appeal vide LPA No.1183 of 2016 against the order dated 31.07.2015 and the same was

Patna High Court CR. MISC. No.5717 of 2020(2) dt.04-03-2020 2/2 dismissed on 30.10.2017. Thereafter, the petitioner filed MJC No.466 of 2016 for initiation of a contempt proceeding for not complying with the order passed by the Court. It is only after a show cause application was filed by the respondents on 25.02.2019 passed in MJC application, the instant case was registered against the petitioner under Section 379 of the Indian Penal Code for theft of wood logs and other materials. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Considering the facts and circumstances of the case, in the event of arrest or surrender in the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No.136 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T