Binod Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4131 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- ROSERA District- Samastipur ====================================================== Binod Sahni, S/o Late Narayan Sahni, Resident of Lohiya Nagar, Ward No.-3, P.S.-Supaul, District-Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagdhar Prasad For the Opposite Party/s :
Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 27.02.2018 in a case registered for the offences punishable under Sections 379, 411 and 461 of the Indian Penal Code. The prosecution case as per the written report of Birendra Kumar submitted to SHO, Rosera Police Station is to the effect that on 12.01.2018, there was a theft committed in the shoe shop of the informant, leading to registration of FIR against unknown persons. Subsequently, the petitioner was apprehended on the basis of suspicion and on his confession, recovery has been made.
It is submitted by learned counsel for the petitioner that the petitioner has been arrested only on the basis of suspicion and there is no recovery from the possession of the
Patna High Court Cr.Misc. No.4131 of 2019(2) dt.28-01-2019 2/2 petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is accused in one another case of similar nature in which he is on bail.
Learned APP for the State submits that on the confession of petitioner the recovery has been made. Considering the nature of accusation and period under custody, let the above named petitioner 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 learned ACJM-I, Rosera, Samastipur in connection with Rosera P.S. Case No.08 of 2018.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T