Dharmendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32662 of 2021 Arising Out of PS. Case No.-286 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Dharmendra Sah Son of Sonelal Sah Resident of Village - Madhodih Pateli, P.S.- Ujiarpur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Damodar Pd. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2021 This case has been listed on the basis of mentioning slip filed by the learned counsel for the petitioner submitting that son of the petitioner Aditya Kumar is seriously ill and his treatment was going on in AIIMS Delhi as his son is suffering from brain problem.
Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.
Patna High Court CR. MISC. No.32662 of 2021(2) dt.20-09-2021 2/3 Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that petitioner has been made accused in this case on the confessional statement of coaccused Md. Irshad. He submits that police seized a golden chain from the possession of the petitioner which is not a looted property rather petitioner has purchased the same. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 09.02.2021.
However, learned APP for the State opposes the prayer for bail and submits that in para-23 of the case diary coaccused confessed his guilt in the alleged occurrence and has given full details of manner of occurrence and also stated that he sold one golden chain, said to be looted property of this case, to the petitioner for Rs. 45,000/-. As per his statement, police made a raid to the house of petitioner and seized one golden chain weighing 14.70 grams from the house of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.32662 of 2021(2) dt.20-09-2021 3/3 court below/successor court where the case is pending in connection with Teghra P.S. Case No. 286 of 2020. (Anjani Kumar Sharan, J) devendra/- U T