Sem Shaha @ Shyam Sah @ Sem Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58521 of 2015 Arising Out of PS.Case No. -469 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Sem Shaha @ Shyam Sah @ Sem Sah S/o Rashik Shaha

2. Bidyananad Das S/o Ganesh Das, Both are residents of Village - Mohammad Gaon, P.S. - Chhatapur, Distt.- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar -Advocate For the Opposite Party/s : Mr. Ajay Kumar-II(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

The SSB personnel during course of checking apprehended two persons, namely, Sem Shaha and Bidyanand Das and from their possession, country made loaded pistol, cartridges, driving license, Hero Honda splendor, mobile set, knife, torch, iron etc, as per seizure list were seized. Apart from absence of specific discloser in the written report, the seizure list is also silent that from whose possession the aforesaid recovery was made. On account of prevalence of ambiguity along with discloser having been made under para-3 of the petition regarding absence of criminal antecedent coupled with being under custody since 12.03.2015, the petitioners, namely, Sem Shaha @ Shyam Sah @ Sem Sah and Bidyanand Das are directed to be released on

Patna High Court Cr.Misc. No.58521 of 2015 (2) dt.08-02-2016 bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Forbesganj PS Case No. 469 of 2015/GR No.2703/2015.

(Aditya Kumar Trivedi, J) perwez U T