Sanjay Kumar @ Pachouniya Sanjay Prasad Jaiswal @ Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20541 of 2015 Arising Out of PS.Case No. -359 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sanjay Kumar @ Pachouniya Sanjay Prasad Jaiswal @ Sanjay Prasad, Son of Nand Lal Prasad, Resident of Mohalla- Jagdamba Nagar, Ghorasahan, P.S. Ghorasahan, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 359 of 2015 registered under Sections 413 and 414/34 of the I.P.C.

The accusation is that the Police on receiving the secret information about keeping the stolen articles by the petitioner raided the house of the petitioner and recovered one wrist watch and 36 mobile sets from the house of the petitioner. Learned counsel appearing on behalf of the petitioner submits that regarding wrist watch, there is separate case instituted against the petitioner at Delhi i.e. Barakhamba Road P.S. Case No.

Patna High Court Cr.Misc. No.20541 of 2015 (3) dt.16-09-2015 2/2 147 of 2014 under Sections 380 and 457 of the I.P.C. in which petitioner has already been allowed bail. As regards the recovery of alleged 36 mobile sets, virtually it is recovered from the shop of Rama Shankar Prasad, brother of the petitioner and till today, no evidence has been collected to the effect that mobile sets, as recovered, are stolen. It is also submitted that petitioner is accused in two other cases, in which he was on bail, as detailed in paragraph no.3 of the petition. It is further submitted that petitioner is in custody since 08.09.2014.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M., First Class, Sikrahana at Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 359 of 2014. Out of two sureties, one surety must be parents or close relatives of the petitioner.

(Rajendra Kumar Mishra, J.) Shail/- U T