Sanoj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43039 of 2015 Arising Out of PS.Case No. -36 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sanoj Paswan Son of Late Mohan Paswan Resident of Village - Baluwa Laguniya, P.S. - Paharpur, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Yadav, Advocate For the Opposite Party/s : Mr. Narsing Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code.
The prosecution case is that the police on information that three persons are carrying the stolen idol on motorcycle, raid was made, when on chase two persons apprehended namely Ashok Sah and Upendra Sah, who disclosed their third associate as Lal Saheb Yadav. From Upendra Sah stolen idol was recovered. The apprehended accused disclosed the name of the petitioner. It is submitted by the learned counsel for the petitioner that admittedly only three persons were traveling on
Patna High Court Cr.Misc. No.43039 of 2015 (2) dt.15-10-2015 the motorcycle. The petitioner was not one of them. The recovery has not been made from the petitioner and except confession of co-accused, there is nothing on record to suggest the complicity of the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Shri P.K. Singh, Judicial Magistrate, Ist Class, Motihari, in connection with Paharpur P.S. Case No. 36 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T