Suresh Mahto @ Suresh Kumar @ Nanki v. The State Of Bihar

Patna High Court Cr.Misc. No.32455 of 2018 (3) dt.04-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32455 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Suresh Mahto @ Suresh Kumar @ Nanki S/o Sri Nayak Mahto, R/o Vill.- Sirisiya Biswas Chuhari, P.S.- Chanpatia (Sirisiya), District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 02.02.2018 in connection with Chanpatia (Sirisiya) P.S. Case No. 40 of 2018 for the offence registered under Section 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been taken into custody only on the basis of recovery of certain household articles and 20 KGs of rice which as alleged was said to be of mid-day meal quota. It is further submitted that there was no first information report with regard to theft of any mid-day meal rice and therefore, the allegation is

Patna High Court Cr.Misc. No.32455 of 2018 (3) dt.04-07-2018 wholly far-fetched that the petitioner was storing rice belonging to the mid-day meal. It is further submitted that subsequent to his arrest in connection with the present case, the police has remanded him in four other cases on false premises and prior to his arrest, he was not having any criminal antecedent.

Considering the aforesaid facts and circumstances of the case and that admittedly, recovery was made from the house of the petitioner and not from his constructive possession which was also being occupied by the other brothers, 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-V, West Champaran, Bettiah in connection with Chanpatia (Sirisiya) P.S. Case No. 40 of 2018.

(Anjana Mishra, J) Jagdish/- U T