Harshwardhan Kushwaha v. The State Of Bihar

Patna High Court Cr.Misc. No.5733 of 2018 (2) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5733 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -ARA RAIL P.S. District- BHOJPUR ======================================================

1. Harshwardhan Kushwaha, Son of Ramji Bhai, Resident of VillageBelaur, P.S.- Guthli, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Uday Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 16.11.2017 in connection with Rail Ara P.S. Case No. 90 of 2017 for the offence registered under Sections 379/ 411 of the Indian Penal Code. Learned counsel for the petitioner submits that though it is alleged that the recovery was made from the possession of the petitioner, the seizure list does not indicate that it was recovered from the present petitioner and also signature of the petitioner does not appear in the seizure list. It is further submitted that petitioner has no criminal antecedent. Petitioner has been implicated in this case on mere suspicion.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.5733 of 2018 (2) dt.02-02-2018 the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Railway Court, Ara in connection with Rail Ara P.S. Case No. 90 of 2017.

(Anjana Mishra, J) Jagdish/- U T