Sawan Kumar @ Sawan Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15228 of 2018 Arising Out of PS. Case No.-165 Year-2017 Thana- SARSI District- Purnia ====================================================== Domi Yadav S/o Late Bhim Lal Yadav, R/o Village- Kanhaili, P.S.- Narpatganj in the District of Araria, Present Address at Vill.- Panjarkatta, P.S.- Narpatganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 15648 of 2018 Arising Out of PS. Case No.-165 Year-2017 Thana- SARSI District- Purnia ====================================================== Sawan Kumar @ Sawan Kumar Choudhary, Son of Late Shankar Prasad, Resident of Professor Colony Ward No. 25, Police Station- Forbisganj, in the district of Araria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 15228 of 2018) For the Petitioner/s :
Mr. Raj Kumar For the Opposite Party/s :
Mr. Sri Chandrasen Prasad Singh (In Criminal Miscellaneous No. 15648 of 2018) For the Petitioner/s :
Mr. Raj Kumar For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners, already in custody, seek bail in connection with Sarsi PS Case No.165 of 2017, registered under Sections 363, 379, 420 and 120-B of the Indian Penal Code.
Allegation in brief is that truck and container of the informant by which 600 bags of black pepper was transported to Nepal found missing. The truck was found parked by the side of
Patna High Court Cr.Misc. No.15228 of 2018(3) dt.10-05-2018 2/2 the road but the driver of the truck was missing from that place and black pepper was stolen.
Learned counsel for the petitioners submits that nothing has been recovered from possession of the petitioners, except disclosure of name of petitioner Domi Yadav in the confessional statement of one Sawan Chaudhari, there is no other material against him and petitioner Domi Yadav has no criminal antecedent. As far as the case of petitioner Sawan Kumar @ Sawan Kumar Choudhary is concerned, no further evidence has been collected leading to his confessional statement. Neither black pepper was recovered from possession of Sawan Kumar @ Sawan Kumar Choudhary nor the vehicle.
Having considered the aforesaid facts and circumstances, petitioners, namely, Domi Yadav and Sawan Kumar @ Sawan Kumar Choudhary are directed to be released 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 learned Judicial Magistrate-I, Purnea in connection with Sarsi PS Case No.165 of 2017.
(Arun Kumar, J) S.KUMAR/- U T