Patna High CourtCR. MISC./17078/2017bail granted

Kamlesh Sahani v. The State Of Bihar

2017-05-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17078 of 2017 Arising Out of PS.Case No. -226 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kamlesh Sahani Son of Raushan Sahani, Resident of Village- Baishaha, Police Station- Chakia, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anwar Karim, Adv For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under Sections 461 and 379 of the Indian Penal Code. Allegedly from the shop of the informant theft was committed and the informant and villagers saw that criminals were taking away Moong Pulse on cycle and motorcycle, and in the light of the pole, the informant identified the petitioner who was working as Paldar in the shop of the informant, whereafter the petitioner was caught by the villagers and the petitioner confessed his guilt stating the name of others and it was found that 46 bags of Moong Pulse each containing 30 Kg were taken away.

Patna High Court Cr.Misc. No.17078 of 2017 (2) dt.05-05-2017 2/2 Submission is of false implication that nothing has been recovered from the possession of the petitioner. He has been made victim of the circumstances and is suffering in custody since 11.09.2016, and has sufficiently been penalized. Other co-accused persons have been allowed bail by the learned court below itself and as such the petitioner deserves sympathetic consideration. Learned A.P.P for the State fairly submits that considering the detention of the petitioner, lenient view could be taken .

In the facts and circumstances as stated above, the petitioner is directed to 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 learned Chief Judicial Magistrate, East Champaran in connection with Chakia P.S. Case No. 226 of 2016.

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