Shambhu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23496 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== 1.
Shambhu Sah, aged about 38 years, Sex-Male, S/o Late Mukesh Sah, 2.
Sonu Kumar Sah, aged about 41 years, Male, S/o Ram Swarup Sah, Both are Residents of Sameli, P.S.- Kursaila, District- Katihar. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
: Mr.Pravin Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case registered for the offence punishable under Sections 454, 420, 380/34 of the Indian Penal Code.
The prosecution case is that as alleged in the First Information Report, informant one S. Nihal Ahmad has filed his written report before the S.H.O., Pirbahore Police Station on 08.04.2018 alleging inter alia to the effect that on 05.04.2018 at about 1.30 Noon against two unknown persons, in absence of the informant, knocked the door of the Flat and asked made servant to call the "Malkin" when the "Malkin" came, both the persons have said that they had come from Ujala Company and
Patna High Court CR. MISC. No.23496 of 2019(6) dt.31-07-2019 2/3 doing work of washing of Brass Utensil, Tiles, gold and silver jewelry. The Head Office of the Company is located near the Gandhi Maidan, and they are its employees and have given the identity card also. The wife of informant shown her unwillingness, they started talking and in that course they have put some type of powder in their hands thereafter, the wife and maid servant of the informant started obeying them and handed over some ornaments. They put firstly these ornaments in a Pot then in a small steel pot and asked the maid servant to bring Pressure Cooker, Water and Haldi. They put the ornaments in Pressure Cooker and asked them to put the Pressure Cooker on Gas for 15 Minutes which was done by the maid servant and they left the place after taking their identity card from the hands of servant. After the time so given by them when the cooker was opened there was nothing in the said cooker and the cheaters also have gone from there.
It has been submitted on behalf of the petitioners are not named in the FIR. Petitioners are in custody since 20.12.2018 and till date no Test Identification Parade held to recognize the petitioners. There is no recovery from the possession of the petitioners.
Considering the aforesaid facts and circumstances, let
Patna High Court CR. MISC. No.23496 of 2019(6) dt.31-07-2019 3/3 the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Pirbahore P.S. Case No. 197 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Patna.
(Anjani Kumar Sharan, J) amitkumar/- U T