Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50709 of 2016 Arising Out of PS.Case No. -322 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Ashish Kumar Son of Janki Yadav @ Janki Mahto, resident of VillageRasalpur Mahugai, Police Station- Wazirganj, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Meena Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P for the State.

The petitioner seeks bail in connection with Wajirganj (Tankupa) P.S. Case No. 322 of 2016 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

Prosecution case is that some persons including the petitioner were seen fleeing away after stealing the idle of God Ganesh from Sahil Mandir to Surhani village. When the petitioner tried to flee away, he sustained injury and disclosed the name of the other co-accused.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. The alleged revoery

Patna High Court Cr.Misc. No.50709 of 2016 (2) dt.13-12-2016 2/2 has not been made from the possession of the petitioner. The stolen idle has been recovered from road outside 1 Km from Surahani village. The alleged recovery was made near the village Surahani but the witnesses belong to village Sahil. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

In the facts and circumstances stated above, the petitioner, above named, 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 the learned Additional Chief Judicial Magistrate-I, Gaya in connection with P.S. Case No. 322 of 2016.

(Arvind Srivastava, J) Mishra/- U T