Pappu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14657 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Pappu Sharma Son of Upendra Sharma @ Upendra Mistri Village- Beri, Police Station- Kusheshwar Asthan, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Kusheshwar Asthan P.S. Case No. 20 of 2017 instituted for the offence under Section(s) 461, 379 of the Indian Penal Code. It is alleged that theft has been committed in the jewellary shop of the informant after breaking the lock. The informant also saw a gas cylinder lying at a distance of 200 meters near a bridge.

It has been submitted on behalf of the petitioner that petitioner was not named in the written report. From the impugned order, it appears that in para 22 of the case diary, it was mentioned that owner of Jai Mata

Patna High Court Cr.Misc. No.14657 of 2017 (2) dt.25-04-2017 2/2 Di Industrial Oxygen Gas Agency disclosed that Gas Cylinder No. K.D. 5266 was purchased by this petitioner. The police has mentioned that aforesaid gas cylinder was used to unlock the door. It has further been submitted by learned counsel for the petitioner that in the written report, there is no mention of any gas cylinder which was used to unlock the door. The petitioner is said to be in custody since 09.02.2017.

It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 20 of 2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Shageer/- U T