Anand Shankar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5894 of 2017 Arising Out of PS.Case No. -441 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== Anand Shankar Ojha son of Sri Singheshwar Ojha @ Shridheswar Ojha resident of Village - Brahamrishi Colony, P.S. - Buxar (Town), District - Buxar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Fahad Khurshid, Advocate For the Opposite Party : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-02-2017 Heard.

The petitioner is in custody in connection with Buxar P.S.Case No.441 of 2016 registered for an offence under Sections 406, 420 and 34 of the IPC.

The prosecution case, as lodged by the informant who is Manager of the Heritage Hotel, Buxar is that on 20.09.2016 room no.201 was booked in the name of the petitioner at the rate of Rs.2500/- per day. Some persons came to meet the petitioner and when informant objected, they told that they are his guests and will leave the hotel after some time. In the meantime, police raided the petitioner's room and found nine persons there playing gamble and on search police recovered cash and mobiles from the accused persons. Thereafter a seizure list was prepared.

Patna High Court Cr.Misc. No.5894 of 2017 (2) dt.15-02-2017 2/2 Learned counsel for the petitioner submits that there is no recovery from the possession of the petitioner. The persons arrested from the place of occurrence have been allowed bail. The petitioner was never arrested from the place of occurrence nor any incriminating material is against him. The petitioner is in jail custody since 28.11.2016. However, learned APP opposed the prayer for bail.

Considering the aforesaid facts and circumstances, the above named petitioner is directed to 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 CJM, Buxar in connection with Buxar P.S.Case No.441 of 2016. (Sanjay Kumar, J) B.Kr./- U T