Patna High CourtCR. MISC./23614/2016bail granted

Sitar Bhosley v. The State Of Bihar

2016-08-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24446 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -DHANARUA District- PATNA ======================================================

1. DILIP PAWAR @ DILIP PASWAN Son of Simla Pawar, R/o Chaltana, P.S. Kuda, Distt- Malikpur, Jalgaon, Maharashtra. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23614 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -DHANARUA District- PATNA ======================================================

1. Sitar Bhosley Son of Bedra Bhosley resident of Kurksi Bagh, Ward No. 40, P.S. Sadar, District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.24446 of 2016) For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) (In Cr.Misc. No.23614 of 2016) For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. B.N.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioners and the State. The petitioners are in custody in a case registered under Sections 395 and 397 of the Indian Penal Code. The prosecution case, in brief, is that one Shivnandan gave his fardbeyan before S.H.O. Dhanarua on 17/18.12.2015 night at 3.3.0 A.M. mentioning therein that he loaded coal on his truck and his brother also loaded truck with coal at Dhanbad and were going to Transport Nagar and in the

Patna High Court Cr.Misc. No.24446 of 2016 (4) dt.08-08-2016 2/2 way unknown criminals looted the cash of Rs. 10,000/- and from his brother of the informant the criminals also looted Rs. 9,000/- in the parking of Shekhar Petrol Pump near Biranchima More, P.S. Dhanarua and they also looted other vehicles. It is submitted on behalf the petitioners that the petitioners are in custody since 20.02.2016. Charge sheet has been submitted in this case. The petitioners have got no criminal antecedent. The petitioners are not named in the FIR. The name of the petitioners have come on the basis of confessional statement of co-accused . It is a case of single identification. No looted articles have been recovered from the possession of the petitioners. On behalf of the State, it is submitted that the petitioners are not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi in connection with Dhanarua P.S.Case No. 72 of 2016.

(Sudhir Singh, J) singh/- U T