Kalam Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49814 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kalam Dewan son of Late Hussain Dewan, R/O village Karmabari Vijaypur, P.S. Valmikinagar, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Valmikinagar P.S. Case No. 78 of 2017 for the offences punishable under Sections 379, 411, 414/34 of the Indian Penal Code.

The allegation in the FIR is that while the informant was at his Government quarter, in the meantime one Md. Nasim Khan informed him that two persons have been caught red handed for committing theft of departmental iron, whereafter they went to the place of occurrence and upon enquiry, the said two persons disclosed their names as pawan Giri and Navneet Tiwary. A motorcycle along with iron rod was also found on the spot. Upon disclosure by the said two apprehended persons it transpired that the petitioner herein and one other were engaged in selling and

Patna High Court Cr.Misc. No.49814 of 2017 (2) dt.17-10-2017 2/2 purchasing of theft material and they were running the kabari shop and on the said disclosure by the said two apprehended persons, the police had conducted read and apprehended the petitioner. The learned counsel for the petitioner submits that the petitioner does not have any criminal antecedent, he has been falsely implicated in the present case merely on suspicion upon a disclosure made by the apprehended two persons, however, no recovery was made from his house and the petitioner is languishing in jail since 11.08.2017.

In the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned learned J.M. Ist Class, Bagaha, West Champaran in connection with Valmikinagar P.S. Case No. 78 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T