Dhananjay Kumar Singh @ Chhotu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15563 of 2015 Arising Out of PS.Case No. -371 Year- 2014 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Dhananjay Kumar Singh @ Chhotu Singh S/o Rabindra Singh Resident of Village Barauli, P.S. Piro, District Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-05-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 26.02.2015 in a case registered for the offences punishable under Section 395 of the Indian Penal Code.
The prosecution case is that the truck loaded with refine edible oil was robbed. Edible oil and other articles were recovered from the under construction rice mill of the petitioner on the confession of Sunny Kumar Singh. It is submitted by learned counsel for the petitioner that the rice mill under construction without having roof or door and neither the seized articles nor the petitioner has been put on TIP. Statement to that effect has been made in para 17 of
Patna High Court Cr.Misc. No.15563 of 2015 (02) dt.19-05-2015 2/2 the petition. Hence, the recovery from the under construction rice mill cannot be treated to be recovery from the possession of the petitioner. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Moreover, the investigation has already concluded.
Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Ara in connection with Jagdishpur P.S. Case No. 371 of 2014. (Dinesh Kumar Singh, J) DKS/- U T