Sally Raj And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56294 of 2015 Arising Out of PS.Case No. -682 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sally Raj S/o Hadish Mian

2. Sohail @ Bikau S/o Hadish Mian Both of Vill- Surhan, P.S.- Motihari Muffasil, Dist- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are accused in connection with Motihari Town P.S. Case No. 682 of 2015/G.R. Case No. 5530 of 2015 registered under Sections 457 and 380 of the I.P.C. The allegation of informant, Shashi Bhushan Prasad Yadav, is that on 06.10.2015, after handing over the key of his house to his driver Sally Raj, petitioner no.1, he went to his village Gamhariya. Thereafter, he was informed by the petitioner, Sally Raj, about the occurrence of theft in his house then the informant reached at his house and saw that cash, ornaments and other materials kept in the Almirha were stolen. When he made query to his driver Sally Raj, he admitted his guilt about committing theft in association of his brother Sohail @ Bikau, petitioner no.2 along with Rajan Kumar, Vivek Kumar and Suggi.

Patna High Court Cr.Misc. No.56294 of 2015 (2) dt.16-12-2015 2/2 Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. itself that petitioner no.1, Sally Raj, is driver of the informant, who has falsely been implicated by the informant in this case with ulterior motive along with his brother, petitioner no.2. It is submitted that nothing incriminating articles have been recovered from the possession of the petitioners. It is further submitted that petitioners have no criminal antecedent and are in custody since 07.10.2015. Having considered the facts and circumstances of the case, let the 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 C.J.M., Motihari, East Champaran in connection with Motihari Town P.S. Case No. 682 of 2015.

(Rajendra Kumar Mishra, J.) Shail/- U T