Anil Bhagat @ Anil Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26303 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pravin Kumar Mishra @ Parvin Kumar Mishra @ Nirbhay Mishra Son of Late Babu Saheb Mishra, aged about 85 years resident of villageBarkurwa(Lakhanipur) P.S. Paharpur, District-East Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.27230 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anil Bhagat @ Anil Kumar Bhagat son of Shri Harnath Bhagat, resident of Village: Barkurawa, P.O. Sonwal via Malahi, P.S. Paharpur, District: East Champaran.

.... .... Petitioner/s

Versus

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

For the petitioners : Mr. Mrigank Mauli, Advocate Mr. Kumar Ravish, Advocate For the State : Mr. APP ------------------------------------------------------------------------------------------- CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2016 Since both cases arise out of Paharpur P.S. Case no. 6 of 2016, they have been heard together and are being disposed of by this common order.

The petitioners seek bail in a case instituted under Sections 413 and 414 of the Indian Penal Code. Allegation against the petitioners is that from their possession stolen Bolero vehicles were recovered as on demand

Patna High Court Cr.Misc. No.26303 of 2016 (3) dt.18-08-2016 2/2 neither they produced any paper nor replied satisfactorily. It has been submitted on behalf of the petitioners that they are in custody since 6.1.2016. Chargesheet has been submitted against the petitioners. Petitioners have got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioners. As per prosecution case, stolen vehicles are said to have been recovered from the front of the house of the petitioners. They do not claim the said vehicles nor they have any knowledge that the said vehicles are stolen property. Petitioners have been made accused due to mistake of fact. On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 14, Motihari(East Champaran) in connection with Paharpur P.S. Case no. 6 of 2016. (Sudhir Singh, J) sudip/- U T