Patna High CourtCR. MISC./14843/2015bail granted

Samant Kumar v. The State Of Bihar

2015-04-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.14843 of 2015 (2) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14843 of 2015 Arising Out of PS.Case No. -247 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Samant Kumar Son of Sri Jagdish Goswami, Resident of villageBhatkoiyan, Police Station- Kateya, District- Gopalganj at present Residing in House of Sri Ashok Pandey at Bhitmerwan, Police Station + DistrictGopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar Shrivastava For the Opposite Party/s Mr. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Admittedly, petitioner and Lokesh Kumar Singh were caught by the police along with so-called stolen motorcycle and coaccused Lokesh Kumar Singh was granted privilege of bail by Incharge Sessions court vide order dated 7.8.2014 passed in B.P. no. 585/2014 but it is surprisingly enough that learned Sessions Judge, Gopalganj rejected the prayer of the petitioner vide order dated 5.2.2015 passed in B.P. no. 1109/2014 without taking note of this fact that having similar allegation co-accused Lokesh Kumar Singh has already been granted bail by In-charge court. Moreover, from perusal of the impugned order, it appears that in course of investigation, Investigating officer could not collect evidence to show that seized motorcycle was stolen property.

Patna High Court Cr.Misc. No.14843 of 2015 (2) dt.09-04-2015 Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Gopalganj (Town) P.S. Case no. 247/2014. shahid (Hemant Kumar Srivastava,J) U T