Sandeep Lal Deo @ Sandeep Lal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36292 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -HATHAURI District- SAMASTIPUR ====================================================== Sandeep Lal Deo @ Sandeep Lal Das Son of Wakil Lal Deo Resident of Village - Lagopur, P.S. Baheri, District - Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate Ms. Kumari Vandana, Advocate For the Opposite Party/s : Mr. Sri Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Hathauri P.S. Case No. 37 of 2017 registered for the offence punishable under Sections 379/411 of the Indian Penal Code.

Learned counsel for the petitioner submits that according to the informant while he was sleeping in his house, on hearing some noise he woke up and found that the accused was fleeing away taking one Attachi (Briefcase). The informant allegedly chased the accused along with the co-villagers and caught hold of him together with the said Briefcase and a sum of Rs. 10,000/-. Learned counsel for the petitioner submits

Patna High Court Cr.Misc. No.36292 of 2017 (2) dt.10-08-2017 that a bare perusal of the seizure list as contained in Annexure-2 would show that no Briefcase or cash as alleged have been shown recovered from the possession of this petitioner. Recovery shown is that of one motorcycle and a mobile phone of Samsung Company which belonged to this petitioner.

Learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances particularly that the seizure list does not support the allegation at this stage, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-2nd, Rosera, District - Samastipur, in connection with Hathauri P.S. Case No. 37 of 2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T