Santosh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28629 of 2016 Arising Out of PS.Case No. -541 Year- 2015 Thana -AGAMKUAN District- PATNA ====================================================== Santosh Sao son of Buddan Sao, a resident of Mohalla - Mina Bazar, Police Station- Alamganj , District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 461 and 379 of the Indian Penal Code. The prosecution case, in short, is that the informant is an Officer of Sri Ram Translogistics Pvt. Ltd. and his godown reliance company is situated at Sadbhawana Complex near Rainbow Hospital and on 12.12.2015 he along with his staffs were inspected the godown and found all goods and on 14.12.2015 broken roof was repaired and on 16.12.2015 the said godown was opened and found that locks of godown and seal of sutter gate was not broken but materials of Samsung (L.E.D. T.V.) missed and 3 feets window and 5-6 feet long roof was broken and 36 L.E.D. T.V. was eloped. It is further alleged that godown is under the

Patna High Court Cr.Misc. No.28629 of 2016 (3) dt.31-08-2016 2/2 guidance of Guards.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.2.2016 and charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is not named in the F.I.R. nor he has been put on Test Identification Parade. It is further submitted that the petitioner may be released after completion of nine months in custody from 4.2.2016.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of nine months in custody from 4.2.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in connection with Agamkuan P.S. case No.541 of 2015. (Sudhir Singh, J) Narendra/- U T