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Patna High CourtCR. MISC./59197/2019bail granted

Shamser Ali v. The State Of Bihar

2019-09-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59197 of 2019 Arising Out of PS. Case No.-224 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== Shamser Ali Son of Late Manoor Alam Resident of Village - Charhwa, P.S.- Ramgarhwa, Distt - East Champaran. At present Address - C/o Dr. Mobin Hasmi, resident of Village - Mathiya Jirat, P.S.- Chhatauni, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered under Sections 420, 406, 407, 34 of the Indian Penal Code. Allegedly, the truck loaded with Palmoline oil worth Rs. 14,69,000/- was got disappeared by the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-07-2019. Charge sheet has already been submitted. The petitioner has been made accused in the present case due to mistake of fact. The goods along with truck has already been recovered. Neither wrongful loss nor any

Patna High Court CR. MISC. No.59197 of 2019(2) dt.25-09-2019 2/2 wrongful gain has been caused to any one on the part of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Raxaul P.S. Case No. 224 of 2019.

(Sudhir Singh, J) A.K.V.//- U T