Patna High CourtCR. MISC./35104/2016bail granted

Sanjay Kumar @ Sanjay Mahto v. The State Of Bihar

2016-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35104 of 2016 Arising Out of PS.Case No. -4 Year- 2009 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Sanjay Kumar @ Sanjay Mahto Son of Late Ram Khelawan Mahto Resident of Sighia Ghat, Police Station Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2016 Heard both sides.

The petitioner apprehends his arrest in Rosera P.S. Case No. 04/2009, registered for the offences punishable under Sections 414, 34 of the Indian Penal Code.

The informant alleged that two persons were carrying electric copper wire on motorcycle and on chase both persons were apprehended. The apprehended accused persons disclosed that Sanjay Kumar @ Sanjay Mahto, the petitioner gave them the electric wire for selling the same.

Learned counsel for the petitioner submits that the petitioner is innocent and there is no allegation of theft against the petitioner. The petitioner is not named in the FIR. The accused persons had taken the motorcycle for their

Patna High Court Cr.Misc. No.35104 of 2016 (3) dt.30-09-2016 2/2 personal work. The petitioner has no manner of concern with the copper wire. The police after investigation submitted final form finding the case false against the petitioner but the learned Additional Chief Judicial Magistrate took cognizance against the petitioner differing with the finding of the Investigating Officer. Considering the facts aforesaid and the fact that nothing has been recovered from the possession of the petitioner, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Rosera P.S. Case No. 04/2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T