Anil Kumar Sah @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27338 of 2023 Arising Out of PS. Case No.-341 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== Anil Kumar Sah @ Anil Kumar Son Of Premlal Sah Resident Of Village - Jhapha Belahiya, P.S. - Ahiyapur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajan For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code. The prosecution case as per F.I.R is that someone stolen the truck of the informant which was loaded with 27,485 kgs of wheat. Thereafter, with the help of GPS, the informant found the location of truck as Ahiyapur and with the help of police, the truck was recovered and the driver Dharmendra Kumar who had stolen the truck was apprehended. The petitioner is

Patna High Court CR. MISC. No.27338 of 2023(4) dt.22-08-2023 2/3 purchaser of stolen wheat and stolen wheat was recovered from the shop of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The seized article has not been recovered from the conscious possession of the petitioner. The said vehicle loaded with wheat have already been released to the respective owner. Moreover, other co-accused has been granted bail by the court below, the order of which has been annexed as Annexure-2 to the supplementary affidavit. The petitioner is languishing in custody since 20.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.27338 of 2023(4) dt.22-08-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran in connection with Chakia P.S. Case No. 341 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T