Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34384 of 2014 Arising Out of PS.Case No. -154 Year- 2012 Thana -SONBERSA District- SITAMARHI ======================================================

1. Pankaj Sharma @ Pankaj Kumar Sharma son of Shri Yashawant Kumar @ Yashawant Kumar Sharma @ Bhantun Sharma , resident of Parwati Niwas , Near Brahma Sthan , Balughat , Police Station -Town , District - Muzaffapur .

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42242 of 2014 Arising Out of PS.Case No. -154 Year- 2012 Thana -SONBERSA District- SITAMARHI ======================================================

1. Dharmendra Kumar son of Late Ram Narayan Sah @ Satya Narayan Sah resident of Village - Mujaulia, Police Station - Bela, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.34384 of 2014) For the Petitioner/s : Mr. Navendu Kumar For the Opposite Party/s : Mr. Sanjay Kumar(App) (In Cr.Misc. No.42242 of 2014) For the Petitioner/s : Mr. Navendu Kumar For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-04-2015 Both the above stated petitions arise out of Sonbarsa P. S.Case No.154 of 2012 registered under section 414, 120B/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order. 49 bags of betel nuts were seized from the truck. Petitioner in Cr. Misc. No.34384 of 2014 claims

Patna High Court Cr.Misc. No.34384 of 2014 (3) dt.03-04-2015 2/2 himself to be owner of seized betel nuts whereas petitioner in Cr. Misc. No. 42242 of 2014 is said to be helper of other accused persons.

Learned counsel for the petitioners drew my attention towards Annexure-3 to this petition and submits that the seized betel nuts as well as truck have already been released in favour of their respective owners and at the time of release of the seized betel nuts and truck, the Investigating officer did not raise any objection.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Sonbarsa P.S.Case No. 154 of 2012, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U