Patna High CourtCR. MISC./3745/2016bail granted

Sanjay Kumar v. The State Of Bihar

2016-02-09Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3745 of 2016 Arising Out of PS.Case No. -361 Year- 2015 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sanjay Kumar S/o Chhathu Mahto resident of Village- Sohdih, P.S.- Sohsarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 04.12.2015 in connection with a case registered the offences punishable under Sections 395 of the Indian Penal Code, subsequently, Section 412 of the Indian Penal Code was also added.

Learned counsel for the petitioner submits that the case was lodged against some unknown persons. However, subsequently, on the basis of an alleged recovery of mobile phone, the petitioner was taken into custody stating that the said mobile phone belongs to the petitioner. However, the said mobile phone does not belong to the petitioner. He further submits that only because the petitioner is the next door neighbour and the informant has greedy

Patna High Court Cr.Misc. No.3745 of 2016 (2) dt.09-02-2016 P2/2 eye on the property/land belonging to the petitioner which is just adjacent to the present cold storage, the name of the petitioner has been brought into the present case.

Considering the allegation made and that the petitioner has no criminal antecedent and also the period of custody, let the petitioner 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 learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda in connection with Rahui (Bhagabigha) P.S. Case No. 361 of 2015.

(Anjana Mishra, J) Saif/- U T