Patna High CourtCR. MISC./49313/2014bail granted

Bachchan Raut v. The State Of Bihar

2015-03-26Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49313 of 2014 Arising Out of PS.Case No. -256 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Bachchan Raut S/O;Sita Ram Raut resident of Village -Navanagar Nizamat,P.S-Sahebganj,District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. Chandra Bhushan Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-03-2015 Heard learned counsel for the petitioner as well as learned Additional P.P.

Learned counsel for the petitioner seeks correction in the prayer portion and allowed.

A theft was committed in the house of the informant in the night of 29/30th August, 2014 wherein the petitioner was identified, while others were not identified. It is further apparent from the case diary that raid was conducted at his house on 30th August, 2014 wherefrom the items in terms of seizure list were seized.

It has been submitted on behalf of the petitioner that he is being victimised otherwise there was no occasion for the

Patna High Court Cr.Misc. No.49313 of 2014 (3) dt.26-03-2015 2/2 petitioner to be present in the house of the informant for committing theft without concealing his identity on account of being co-villager. Furthermore, after recovery of petty items, which is expected to be present in all hence it was never been put on TIP though charge sheet had already been submitted. Further submission is that petitioner happens to be under custody since 31.08.2014.

Learned Additional P.P. opposes the prayer of the petitioner but fairly concedes over the status of petitioner as well as non conduction of T.I.P. of the recovered articles. Accordingly, petitioner, Bachchan Raut is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Muzaffarpur west in connection with Sahebganj P. S. Case No. 256/2014.

(Aditya Kumar Trivedi, J) Sudha/- U T