Shamsher Singh @ Kukku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17563 of 2014 Arising Out of PS.Case No. -311 Year- 2013 Thana -GANDHIMAIDAN District- PATNA ====================================================== Shamsher Singh @ Kukku S/O Sri Yogendra Singh, resident of MohallaPostal Park, Near T.P.S. College, P.S. Kankarbagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shri Prakash Tiwari For the Opposite Party/s : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2015 Heard the parties.

This is an application for anticipatory bail for the offence punishable under sections 420, 467, 468, 471 and 120 (B)/34 of the I.P.C.

Allegedly from the shop of the petitioner, namely, J.S. Motors duplicate parts of Hyundai brand was recovered and the petitioner seeing the raiding party succeeded in fleeing away, whereas servant Bhubneshwar Kumar was present in the shop. Submission is that that the petitioner has never indulged himself in sale and purchase of duplicate items of any company and the items recovered from the shop of the petitioner were purchased by the petitioner from the registered firm vide Annexure-2. The value of recovered parts was worth Rs. 6,834/- only. There is no case that the petitioner was indulged in

Patna High Court Cr.Misc. No.17563 of 2014 (6) dt.13-01-2015 2/2 manufacturing the duplicate parts and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. does not dispute.

In the facts and circumstances as stated above, considering that the petitioner is claiming that the articles recovered were purchased vide Annexure-2 series from Manka Auto Industries, New Delhi and as such the above named petitioner, in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Patna in Gandhi Maidan P.S. Case No. 311 of 2013 subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T