Patna High CourtCR. MISC./8407/2018bail granted

Sanjit Kumar v. The State Of Bihar

2018-03-07Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8407 of 2018 Arising Out of PS.Case No. -298 Year- 2017 Thana -RAMPUR District- GAYA ====================================================== Sanjit Kumar, S/o Kusur Yadav @ Khusur Yadav, R/o Village-Dhivri, P.S.- Raushanganj, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 09.09.2017 in connection with Rampur P.S. Case No.298 of 2017 registered for the offence under Sections 414, 413/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though there was a newspaper report that the petitioner was arrested on 04.09.2017 itself, the F.I.R. has been drawn up on 08.09.2017, stating that he was arrested from Sikariya More. On the contrary, the newspaper report indicates that the petitioner was taken into custody from Bankey Bazar.

Diary in the present case was earlier called for, which

Patna High Court Cr.Misc. No.8407 of 2018 (3) dt.07-03-2018 2/2 has since been received.

Learned counsel for the State, after perusal of the case diary, submits that the petitioner is having criminal antecedents and, therefore, in view of the fact that he was arrested with the stolen motorcycle, he may not be granted bail. However, perusal of the seizure list indicates that the seizure list witnesses are from another remote place and the same also does not bear the signature of the present petitioner. It is also evident that the petitioner has been in custody for more than five months.

Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Rampur P.S. Case No.298 of 2017.

(Anjana Mishra, J) PNM U T