Dhananjay Rai @ Dhanjay Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.38323 of 2017 (2) dt.21-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38323 of 2017 Arising Out of PS.Case No. -117 Year- 2017 Thana -MANJHI District- SARAN ======================================================
1. Dhananjay Rai @ Dhanjay Rai, Son of Kapildeo Rai, Resident of Village- Sherpur, Police Station- Chapra Muffasil, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gyan Prakash For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Manjhi P.S. Case No. 117 of 2017 for offences punishable under Sections 414, 420, 379, 467, 468 and 471 of the Indian Penal Code. The prosecution case, as lodged by the police personnel is that during course of checking, they apprehended three persons and from their pocket, number of ATM have been recovered and it is alleged that from possession of the petitioner five ATM cards have been recovered.
It has been submitted by the learned counsel for the petitioner that he is the driver of the Bolero vehicle and he has no
Patna High Court Cr.Misc. No.38323 of 2017 (2) dt.21-08-2017 concern with the other co-passengers. He submits that no overt act has been alleged to have been committed by the petitioner and that no stolen property or cash has been recovered from his conscious possession. He submits that charge-sheet has already been submitted and there is no allegation of tampering of prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Manjhi P.S. Case No. 117 of 2017.
(Nilu Agrawal, J) sushma/- U T