Ganesh Rajak v. The State Of Bihar

Patna High Court Cr.Misc. No.54451 of 2015 (3) dt.11-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54451 of 2015 Arising Out of PS.Case No. -735 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Ganesh Rajak, Son of Birchandra Rajak, Resident of Village:- Kanchanpur, P.S: Bindupur, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Choudhary, Advocate. For the Opposite Party/s : Mr. Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Hazipur Town P.S. Case No. 735 of 2015 registered under Section 414 of the Indian Penal Code.

The accusation is that in course of patrolling duty, the police received information about stolen Tempo, on which, police reached at Jadhua bridge where a Tempo was seen but on seeing the police party, driver of the said Tempo started to fleeing away but on chase, driver was apprehended, who disclosed the name as Ganesh Rajak (petitioner).

Learned counsel for the petitioner submits that petitioner was apprehended by the police mere on suspicion as he

Patna High Court Cr.Misc. No.54451 of 2015 (3) dt.11-01-2016 was waiting for vehicle on the road. It is further submitted that it would appear from the F.I.R. that petitioner was not apprehended from the stolen Tempo rather he was arrested near the Tempo and police has also not obtained the signature of the petitioner in the seizure list. It is further submitted that petitioner is accused in one another cases, in which, he is on bail and is in custody since 02.10.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hazipur Town P.S. Case No. 735 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T