Patna High CourtCR. MISC./32634/2017bail granted

Shiv Shankar Mehta v. The State Of Bihar

2017-07-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32634 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -TIKAPATTI District- PURNIA ====================================================== Shiv Shankar Mehta, Son of Late Basudeo Mehta @ Basudeo Prasad Mehta, resident of village - Gokulpur, P.S.-K. Nagar, District-Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Tikapatti P.S. Case No. 42 of 2017 registered under Section 379 of the Indian Penal Code. Four idols are said to have been stolen from the temple situated in the village of the informant. It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner happens to be a whistle blower and has informed the personnel of SSB and on the basis of his information, they had recovered stolen idols and apprehended the culprit. Due to which, co-accused Pulkit Rishi, in his confessional statement, named the petitioner to

Patna High Court Cr.Misc. No.32634 of 2017 (2) dt.13-07-2017 2/2 falsely implicate him. The petitioner has filed a certificate issued by SSB vide Anenxure-2 in buttress of his case. The petitioner has been languishing in custody since 27.05.2017. Considering the facts aforesaid, 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 Judicial Magistrate 1st Class, Purnia in connection with Tikapatti P.S. Case No. 42 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T