Patna High CourtCR. MISC./16799/2019bail granted

Pappu Marandi v. The State Of Bihar

2019-03-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16799 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- JAIPUR District- Banka * ====================================================== PAPPU MARANDI Son of Santlal Marandi, Resident of village-Pipra, P.SJaipur, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 07.01.2019 in a case registered for the offence punishable under Section 379/34 of the Indian Penal Code. It is alleged that on 26.05.2018 from the shop of the informant, 30 bags of rice and 20 bags of wheat were stolen, leading to registration of FIR against unknown persons. Subsequently, stolen rice and wheat were recovered from the house of one co-accused Katti Yadav. During investigation, it transpired that at the instance of the petitioner, the said theft was committed.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been

Patna High Court CR. MISC. No.16799 of 2019(2) dt.26-03-2019 2/2 roped in the present case and admittedly, no recovery has been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the impugned order suggests that the said theft was committed at the instance of the petitioner.

Considering the suspicious nature of accusation and there being no recovery from the conscious physical possession of the petitioner coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned ACJM-1, Banka in connection with Jaipur P.S. Case No. 19 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T