Baleshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18258 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Baleshwar Sahni son of Late Raja Sahni, resident of village- Akauna, P.S.- Chiraiya, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-06-2015 Heard learned counsel for the petitioner and the State. The petitioner is an accused in connection with Chiraiya P.S.Case no. 31 of 2014 registered under Sections 392, 406, 407, 468 and 420 of the Indian Penal Code, pending in the Court of learned S.D.J.M.,Sikrahana, East Champaran. The allegation is that the tractor loaded with building materials was forcefully taken away by the accused persons and after unloading the materials, the tractor and trailer were returned to the driver of the tractor. During investigation 50 bags of cement are said to have been recovered from the field of the petitioner.

The contention of the learned counsel for the petitioner

Patna High Court Cr.Misc. No.18258 of 2015 (2) dt.30-06-2015 2/2 is that the material was recovered from the field of one coaccused, who had played the role in the commission of the offence. It is further submitted that the petitioner is languishing in jail since 04.10.2014.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected. However, the petitioner will have liberty to move before the court below for bail, after six months from the date of receipt/ production of a copy of this order. (Kishore Kumar Mandal, J) singh/- U