Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33505 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- BAHADURPUR District- Patna ====================================================== 1.

Shambhu Sah S/o Late Mukesh Sah R/o village- Sameli, Khemli Chak, P.S.- Kursela, District- Katihar 2.

Sonu Kumar @ Sonu Kumar Sah S/o Ram Swaroop Sah R/o village- Sameli Nagar, Nagar Barari, P.S.- Kursela, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Sinha For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Bahadurpur P.S. Case No. 273 of 2018 registered for the offence punishable under Sections 420, 380/34 of the Indian Penal Code.

Petitioners are said to have cheated the informant of her two bangles weighing 30 gms. intruding into her house posing themselves to be persons of Ujala Company assigned with the work of giving demonstration of the product of the said company.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.33505 of 2019(2) dt.21-05-2019 2/2 Petitioners have been falsely implicated in this case. They are neither named in the F.I.R. nor was apprehended on the spot nor any alleged bangles have been recovered from their possession. They have been remanded in the case only on the basis of their confessional statement and recovery of some articles from their possession in Kankarbagh P.S. Case No. 1008 of 2018. They have been enlarged on bail in the said case by the learned court below. Petitioners have been languishing in custody since 30.01.2019.

On the other hand, learned APP for the State opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Patna City in connection with Bahadurpur P.S. Case No. 273 of 2018 with further condition that Petitioners will commit such type of occurrence in future else their bail bond shall stand cancelled.

(Prakash Chandra Jaiswal, J) rohit/- U T