Ajay Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.57844 of 2015 (2) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57844 of 2015 Arising Out of PS.Case No. -404 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Ajay Sao Son of Sri Munar Sao R/o Simra, Suitha, P.s Phulwarisharif, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Surinder Kumar, Advocate For the Opposite Party : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Aurangabad Town P.S. Case No. 404 of 2015 for the offences instituted under Sections 414 of the Indian Penal Code and Section 2(E), 3(8), 15 and 18 of the Mahua Flour Act. As per the prosecution case that on secret information the police restrained and checked the vehicle on 25.09.2015 and the vehicle driver disclosed his name Binod Yadav and in presence of two independent witnesses, the vehicle was searched and from the said vehicle 78 boras of Mahua flower containing 45 k.g. worth Rs.1,17,500/- were recovered from the possession of the accused persons.

Patna High Court Cr.Misc. No.57844 of 2015 (2) dt.09-03-2016 It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no substantive evidence to show the involvement of the petitioner in the present case. It is further submitted that the petitioner is ready to deposit an amount of Rs.20,000/- in the court below which shall be subject to the final disposal of the case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.20,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Aurangabad (Town) P.S. Case No. 404 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T