Banti Kanchhi Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22518 of 2019 Arising Out of PS. Case No.-509 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== BANTI KANCHHI PATEL Son of Shyamal Patel Resident of Mani Nagar Kafre Talab, P.S.- Kotwali, District - Ahmadabad (Gujrat), At Present - Ramna Maidan, Near Court Stand, P.S.- Nawada, District - Bhojpur (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as lodged by the informant is that on 06.07.2018 at about 8 PM, he proceeded for his duty at Patna Airport, there are two rooms in his house and his wife and children went to sleep in one room. In the morning at about 4 AM when wife of the informant got up and tried to go into another room, she found that the said room was bolted from inside and thereafter she went out of house through main gate and saw that the grill of the room has been uprooted and all articles kept in the said room was scattered and the almirah and

Patna High Court CR. MISC. No.22518 of 2019(3) dt.31-07-2019 2/2 locker was also open. Further allegation is that thereafter his wife informed him upon which he went to his house and found that one ladder was kept upto his room and on search he found that cash Rs. 23,000/- and jewellaries of his wife were missing. The informant has further suspected the hand of three to four boys in this theft who reside in the backside of his house. It has been submitted on behalf of the petitioner that he is innocent, committed no offence and has been falsely implicated in the present case. He submits that nothing incriminating article has been recovered from the possession of the petitioner, no T.I. Parade has been done in this case and he has been made accused on the basis of suspicion. Petitioner is in judicial custody since 24.09.2018.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Phulwarisharif Police Station Case No. 509 of 2018.

(Anjani Kumar Sharan, J) devendra/- U T