Patna High CourtCR. MISC./9893/2015bail granted

Gopi Sah v. The State Of Bihar

2015-03-12Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.9893 of 2015 (2) dt.12-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9893 of 2015 Arising Out of PS.Case No. -461 Year- 2014 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Gopi Sah S/o- Late Guru Dayal Sah Resident of village- Jogia Math P.S.- Tajpur Distt- Samstipur, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s Mr. Sanjay Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Tajpur P. S. case no. 461/2014 registered under section 7 of the E.C. Act. Petitioner is named in the first information report but informant himself suspected involvement of the petitioner in the alleged crime and he was not sure about involvement of the petitioner in the alleged crime at the time of lodging of the present case. From perusal of the impugned order of the learned Sessions Judge, it appears that in course of investigation, witnesses repeated the statement of the informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that alleged recovery has neither been made from conscious possession of the petitioner nor from his house, in the event of arrest/ surrender within

Patna High Court Cr.Misc. No.9893 of 2015 (2) dt.12-03-2015 four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Nitin Kaushik, Judicial Magistrate, Ist Class, Samastipur/concerned court in Tajpur P. S. case no. 461/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T