Manoj Kumar Gupta @ Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48879 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- SAHODARA District- West Champaran ====================================================== Manoj Kumar Gupta @ Manoj Kumar Sah S/O Late Dinanath Sah R/O Village-Bhikhana Thori, P.S-Sahodara, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Sahodara P.S. Case No.32 of 2021, registered for the offence under Section 414 of the Indian Penal Code and Sections 30(i) & 30(ii) of the Ancient Monuments, Archaeological Sites & Remains Act, 1958. As per the prosecution case, the informant received a secret information that costly monument has been kept in the house of co-accused Mohit Kumar and same was to be sold in the international market, a raid was conducted in the house of co-accused Mohit Kumar and from the house of co-accused, statue of Lord Budha weighing about 7 kg 750 gm was recovered and four accused persons including this petitioner were arrested.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession or premises of

Patna High Court CR. MISC. No.48879 of 2021(2) dt.23-11-2021 2/2 the petitioner. Recovery has been made from the house of coaccused Mohit Kumar and petitioner has nothing to do with the alleged recovery. In fact, being a co-vvilager, he was simply passing through the house of co-accused Mohit Kumar and he was arrested. Petitioner has got clean antecedent and he is in custody since 27.04.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Bettiah, West Champaran in connection with Sahodara P.S. Case No. 32 of 2021.

(Prabhat Kumar Singh, J.) anay U T