Sunil Kumar @ Sunil Kumar Srivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42281 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Sunil Kumar @ Sunil Kumar Srivastav son of Late Purna Nand Sahay, resident of Village & P.O. & P.S. Ghorasahan Gandhinagar, District- East Champaran (Motihari).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Ramkrishna Nagar P.S. Case No.41 of 2017 for offences punishable under Sections 380 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he has a medicine shop and on 21/22.02.2017 at 11 A.M. he was informed by his staff that the lock of the godown was broken and 828 cartoons of medicine worth Rs. 50,37,495/- was found missing.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and bears no

Patna High Court Cr.Misc. No.42281 of 2017 (2) dt.21-09-2017 2/2 criminal antecedent. He submits that it is only on the confessional statement of another medicine dealer Rajan Jaiswal that his name surfaced and was himself a medicine seller and only small quantity of medicines which could not have been stated to be stolen had been recovered from his shop. He submits that without any fault he is languishing in custody since 05.08.2017. 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 Sub-Judge XII, Patna in connection with Ramkrishna Nagar P.S. Case No. 41 of 2017.

(Nilu Agrawal, J) Devendra/- U T