Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15303 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -SAHAJITPUR District- SARAN ======================================================

1. Suresh Sah S/o Moti Lal Sah, R/o Village- Harpur, P.S.- Goreya Kothi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mithilesh Kumar For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sahajitpur P.S. Case No. 126 of 2017 registered under Section 461, 379 and 414 of the Indian Penal Code.

Three mobiles, cash of Rs.14,900/- and some jewelery was stolen by some unknown miscreants from the house of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the occurrence. He has been falsely implicated in this case at the instance of his enemy. He is neither named in the F.I.R. nor any incriminating article has been recovered from his

Patna High Court Cr.Misc. No.15303 of 2018 (02) dt.19-03-2018 - 2 - conscious physical possession, though the stolen mobile was recovered from the in-law's house of the petitioner and it is said to have been given by the petitioner to his daughter-in-law (Sarhaj). The said mobile was purchased by the petitioner at Rs.300/- from Husnain Ansari without knowing it to be stolen one who has also disclosed selling out of the said mobile to the petitioner. Petitioner has no criminal antecedent. The petitioner has been languishing in custody since 09.01.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Saran at Chapra in connection with Sahajitpur P.S. Case No.126 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T