Pawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6030 of 2017 Arising Out of PS.Case No. -276 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Pawan Sah S/o Parmeshwar Sah, Resident of Village-Mohanpur, P.S. Goraul, District-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudal Singh For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks regular bail in connection with Goraul P.S. Case No. 276 of 2016 registered for the offences punishable under Sections 411/414 of the Indian Penal Code. The case has been registered on the basis of self statement of S.H.O. of Goraul Police Station under Vaishali District. The police team conducted raid at a godown and seized 430 bags of paddy. The petitioner was however apprehended by them after some chase.

Learned counsel for the petitioner submits that this petitioner has nothing to do with the recovery of paddy. The godown in question belongs to a lady namely Sumitra Devi. The petitioner was apprehended by police from his residence

Patna High Court Cr.Misc. No.6030 of 2017 (2) dt.01-03-2017 2/2 and a Tirpal and rope were allegedly recovered from his house which has no concern with the recovery of paddy. It was further submitted that from the allegation, no offence under Sections 411 / 414 is made out as no one claimed the said paddy. The petitioner is in custody since 18.11.2016.

Learned APP for the State, on the other hand, opposed the prayer of bail.

It appears that the petitioner has denied the allegation of recovery of paddy from his possession. The godown in question belongs to a lady with which he has denied any manner of concern. The petitioner is in custody since 18.11.2016 and the police have already submitted chargesheet. Considering the facts and circumstances stated above, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 276 of 2016.

(Sanjay Kumar, J) ajaypd./- U T