Mantu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9476 of 2021 Arising Out of PS. Case No.-180 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== Mantu Sah, aged about 23 years, male, Son of Hansanath Sah @ Omprakash Sah, R/O Village- Goriya Kothi, P.S.- Radhi Bazar, District- Siwan. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rakesh Ranjan, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Hussainganj P.S. Case No. 180 of 2020, dated 10.07.2020, instituted for the offences under Sections 461 and 380 of the Indian Penal Code. The accusation in the F.I.R. is of pilferage of 100 bags of wheat and 109 bags of pulses from the godown of the BSFC. It was suspected that two vehicles were used for

Patna High Court CR. MISC. No.9476 of 2021(2) dt.21-12-2021 2/3 transporting the stolen food-grains. The petitioner is the owner of one of the vehicles in question.

It has been submitted on behalf of the petitioner that the accusation is based solely on suspicion. Assuming but not admitting, it has been argued that the vehicle in question was used for transporting the stolen goods, that by itself would not be sufficient evidence to foist the present criminal case against the petitioner, who is the owner of the vehicle. It has further been submitted that the petitioner had no idea about his vehicle having been used in such unauthorized manner, if at all such accusation is correct. Regard being had to the facts afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 13th Additional Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 180 of 2020, subject to the conditions laid down under Section 438(2) of

Patna High Court CR. MISC. No.9476 of 2021(2) dt.21-12-2021 3/3 the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T