Nage Sah @ Nagendra Prasad Sah And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3466 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -BUDHUCHAK District- BHAGALPUR ======================================================
1. Nage Sah @ Nagendra Prasad Sah S/o - Late Arjun Sah Resident of Village - Gaughatta, P.S. - Kahalgaon (Budhuchak), District - Bhagalpur, presently R/o Moh. - Noorpur, P.S. - Nathnagar (Masudanpur), District - Bhagalpur.
2. Bhola Sah @ Nand Kishore Sah S/o - Late Basu Sah Resident of Village - Gaughatta, P.S. - Kahalgaon (Budhuchak), District - Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Ajay Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-01-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code.
The prosecution case is that 525 kgs. coal was recovered from in front of house of petitioner no. 1 Nage Sah and 350 kgs. coal from petitioner no. 2 Bhola Sah. It is submitted by learned counsel for the petitioners that admittedly recovery has not been made from the petitioners and a statement has been made in paragraph 3 of the
Patna High Court Cr.Misc. No.3466 of 2016 (2) dt.21-01-2016 2/2 petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Budhuchak P.S. Case No. 12 of 2015 pending in the court of learned Judicial Magistrate, Ist Class, Bhagalpur.
Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T