Sajan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48626 of 2018 Arising Out of PS.Case No. -121 Year- 2018 Thana -DURAULI District- SIWAN ======================================================

1. Sajan Kumar Sah, Son of Rajendra Prasad Sah @ Rajendra Sah, resident of Village- Madhurapur Narayanpur, Police Station- Bihpur, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Darauli P.S. Case No. 121 of 2018 instituted for the offence under Sections 420, 379 and 411 of the Indian Penal Code.

In the written report it is alleged that this petitioner along with other co-accused persons came to the house of the informant on the pretext to clean jewelry. The wife of informant gave jewelry to them to clean. Thereafter, the accused persons told the wife of the informant to bring hot water. It is further alleged that when she came with hot water, she found the petitioner and other accused person fled away. She raised alarm, then petitioner was apprehended and the jewelry of wife of the informant as mentioned in the written report was recovered from

Patna High Court Cr.Misc. No.48626 of 2018 (3) dt.25-09-2018 2/2 his possession. The other accused person succeeded in fleeing away. The seizure list was prepared.

Counsel for the petitioner submits that petitioner is in custody since 8.6.2018. He has no criminal antecedent. Counsel for the petitioner further submits that ornaments which are shown in the production-cum-seizure list does not have any identifying mark to corroborate that those ornaments belonged to the wife of informant. No Test Identification Parade has been held. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 learned Chief Judicial Magistrate, Siwan, in connection with Darauli P.S. Case No. 121 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T