Pradeep Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.12274 of 2017 (2) dt.22-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12274 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -KATIHAR District- KATIHAR ====================================================== Pradeep Sah, S/o Rajdeo Bhagat, resident of village - Kolashi, P.S. Korha, District - Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Katihar Town P.S. Case No. 19 of 2017 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. The petitioner is not named in the first information report and as submitted his name transpired in the confessional statement of co-accused Khantar Sah from whose shop two bags of sugar were recovered and Khantar Sah stated that the sugar was to supply to the petitioner.

Submission is of false implication and that besides confessional statement of co-accused, there is no other legal material against him which is evident from the impugned order also and as such the petitioner deserves sympathetic consideration. Learned APP submits that the petitioner is not named in

Patna High Court Cr.Misc. No.12274 of 2017 (2) dt.22-03-2017 the first information report.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 19 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T