Sudhir Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79461 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- NTPC District- Bhagalpur ====================================================== 1.

Sudhir Sah Son of vinay Sah 2.

Praduman Thakur Son of Rambalak Thakur Both are resident of village- Kalgiganj, P.S- Kahalgoan, district- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyam Kishor Das For the Opposite Party/s :

Mr.Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with NTPC P.S.Case No.45 of 2018 , registered for offences punishable under Sections 216A, 353, 401, 414, 413, 420/34 of the Indian Penal Code.

Allegation as per FIR is that when the police apprehended the absconded Santosh Sah and on his disclosure name of the petitioners transpired and from the other accused persons stolen T.V. was recovered.

Submission of the learned counsel for the petitioners is that though he has been named by the co-accused and nothing has been recovered from his possession and one of the coaccused from whom the T.V. has been recovered has been

Patna High Court CR. MISC. No.79461 of 2018(3) dt.01-03-2019 2/2 granted privilege of anticipatory bail, vide order dated 14.12.2018 passed in Cr. Misc. No.59461 of 2018. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with NTPC P.S.Case No.45 of 2018 dated 25.6.2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T