Patna High CourtCR. MISC./1267/2018allowed

Shambhu Kumar Sharma v. The State Of Bihar

2018-01-11Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1267 of 2018 Arising Out of PS.Case No. -2 Year- 2017 Thana -BUXAR RPF/POST District- BHOJPUR ====================================================== Shambhu Kumar Sharma son of Baij Nath Sharma, resident of villageRasulpur Dahala, Ward No.19, P.S.-Sahebganj, District-Sahebganj (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Om Prakash Upadhyay, Adv. For the Opposite Party/s : Mr. Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

There was commission of theft in SLR Bogie of running train (Simanchal Express) by the miscreants during course of which the escort party came in action as a result of which, one of the miscreants namely, Md. Nasim was apprehended and as per his disclosure location of Sim No.8294504593 was traced out and on the basis thereof house of Basanti Kuer was raided during course of which eighteen belly of hosiery items having been looted from the SLR Bogie of Simanchal Express were seized along with a iron cutter, ten blades. Petitioner along with others so named were apprehended who were tenant under the aforesaid Basanti Kuer.

It is evident from the seizure list that no independent /exclusive possession has been shown and that being so, petitioner Shambhu Kumar Sharma who has got no criminal antecedent (as per para-3 of the petition) is directed to be released on bail on

Patna High Court Cr.Misc. No.1267 of 2018 (2) dt.11-01-2018 furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Magistrate Railway Court, Bhojpur, Ara in connection with Buxar R.P.F. P.S. Case No.02/2017.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T