Basaha @ Basah Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38370 of 2020 Arising Out of PS. Case No.-285 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== Basaha @ Basah Sah, Son of Mahendra Sah, Resident of Village - Kapoor Pakari, P.S. - Dhaka, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Sheohar P.S. Case No. 285 of 2018, registered under Sections 413 and 414 of the Indian Penal Code. The accusation is that on receiving secret information about presence of two persons with looted motorcycle in village Kantoli, the informant along with other police personnel reached there then saw that two persons were
Patna High Court CR. MISC. No.38370 of 2020(2) dt.08-07-2021 2/3 present with motorcycle. Thereafter, police arrested both persons, who disclosed their names as, Dadan Ram and Md. Alam. The motorcycle was being driven by Dadan Ram and Md. Alam was the pillion rider of that motorcycle. On query, they disclosed that in the night of 4th December, both have stolen the motorcycle in Kushhar Mela in association with Hasmuddin @ Kaliya, who is kingpin of committing theft of motorcycle. Both apprehended persons further disclosed that they used to sell the stolen motorcycle to Amitabh Singh @ Doctor of village Sitalpatti and Bahsaha (petitioner), who is co-villager of Hasumuddin @ Kaliya.
Learned counsel for the petitioner submits that the name of the petitioner has come in the confessional statement of co-accused, Dadan Ram and Md. Alam, who is said to be apprehended by the police with the stolen motorcycle and they have disclosed that the stolen motorcycles are being sold to this petitioner and Amitabh Singh @ Doctor. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond
Patna High Court CR. MISC. No.38370 of 2020(2) dt.08-07-2021 3/3 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar, in connection with Sheohar P.S. Case No. 285 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T