Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53244 of 2017 Arising Out of PS.Case No. -190 Year- 2016 Thana -RAJIVNAGAR District- PATNA ====================================================== Sanjay Kumar son of Shri Bhola Prasad, resident of Kabari Gali, Magistrate Colony, P.S. Rajiv Nagar, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahesh Prasad Singh For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Rajiv Nagar P.S. Case No. 190 of 2016 for the offences punishable under Sections 413 and 414 of the Indian Penal Code. The case of the prosecution is that the police received secret information that certain accused persons were carrying stolen article near the Kabari shop and thereafter, the police had conducted a raid. However, they could apprehend only two accused persons, while 3-4 other accused persons fled away. In the FIR it was stated that from the possession of the accused persons, apprehended by the police, various articles like mobiles, laptop, pechcus, knife etc. were recovered and they disclosed that they used to sell the theft articles to the petitioner. The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.53244 of 2017 (2) dt.09-11-2017 2/2 the petitioner has been falsely implicated in the present case, he has got a clean antecedent, except one case in which he has already been granted bail, no seizure has been made in the premises of the petitioner as well as no incriminating article has been recovered from his possession or from his shop and the petitioner has been languishing in custody since 25.07.2017. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate cum Sub-Judge-III, Patna in connection with Rajiv Nagar P.S. Case No. 190 of 2016. (Mohit Kumar Shah, J) BTiwary/- U T