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Patna High CourtCR. MISC./33259/2018allowed

Sanjay Sao v. The State Of Bihar

2018-06-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33259 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- GIRIYAK District- Nalanda ====================================================== Sanjay Sao, son of Nanhku Sao, resident of Village- Jaspur, P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Giriyak P.S. Case No. 125 of 2018 for the offence under section 394 of the Indian Penal Code.

Learned Counsel appearing on behalf of the petitioner submits that in the instant case from perusal of the FIR it would be evident that the rice was loaded on the truck and the said truck was intercepted by unknown persons and the rice was unloaded from the truck.

Learned Counsel submits that the alleged rice was seized from the godown of the Chairman of the Pacs and not from the petitioner. The petitioner was not put on T.I.P. to establish his accomplishment in the commission of the crime.

Patna High Court Cr.Misc. No.33259 of 2018(2) dt.07-06-2018 2/2 The petitioner is in custody since 7.04.2018 and he has no criminal antecedent as per averment made in para-3 of the petition.

Considering the aforesaid, let the petitioner, named above, 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 learned AddI. Chief Judicial Magistrate-1st, Nalanda at Biharsharif, in connection with Giriyak P.S. Case No. 125 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T