Sanjay Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31250 of 2018 Arising Out of PS.Case No. -75 Year- 2013 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sanjay Bhagat, Son of late Jagdeo Bhagat @ Rama Shankar Bhagat, Resident of village - Bathana, P.S.-Mehsi, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code. Materials of 63 KVA transformer worth Rs. 63121/- is said to have been stolen by some unknown miscreant. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case at the instance of his enemies. No incriminating article has been recovered from the conscious physical possession of the petitioner. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring confessional statement of co-accused Shyam

Patna High Court Cr.Misc. No.31250 of 2018 (2) dt.21-05-2018 2/2 Lal Rai. He has been languishing in custody since 19.12.2017. Similarly situated co-accused, namely, Birendra Mahto has been enlarged on bail by a co-ordinate bench of this court vide order dated 26.05.2014 passed in Cr. Misc. No. 15955 of 2014. 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 6th Additional Chief Judicial Magistrate, East Champaran, Motihari in connection with Mehsi P.S. Case No. 75 of 2013, G.R. No. 2433 of 2013. (Prakash Chandra Jaiswal, J) Mishra/- U T