Bindeshwari Prasad Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44933 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -NTPC District- BHAGALPUR ======================================================
1. Bindeshwari Prasad Sah, S/o Late Kailu Sah,
2. Kundan Kumar @ Kundan Kumar Sah S/o Bindeshwari Prasad Sah, Both R/o Mohalla- Mandir Tola, Sanhoulla, P.S.- Sanhoulla, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Kumar For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-07-2018 Heard learned Counsel for the petitioners and the learned Counsel for the State.
Petitioners, already in custody since 18.5.2018, seeks bail in Kahalgaon (NTPC) PS Case No. 35 of 2018, registered under Sections 401, 413, 414, 411 & 34 of the IPC.
The allegation in brief is that the police apprehend one miscreant who disclosed that he is one of the members of the gang engaged in committing theft and stolen gold and silver ornaments were sold by him to the jewelry shop of these petitioners and there is recovery of 2 Kilograms of silver ornaments and few jewelry of gold from their shop.
Submission is that the petitioners run a registered jewelry shop, the items recovered were purchased by the petitioners and are not stolen articles, those articles were not put on TIP, except confessional statement made by one of the apprehended accused there is no other material against the petitioners, besides this these two petitioners have no other criminal antecedent. Having considered the said facts and circumstances, the
Patna High Court Cr.Misc. No.44933 of 2018 (2) dt.26-07-2018 petitioners namely Bindeshwari Prasad Sah and Kundan Kumar @ Kundan Kumar Sah are directed to 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 CJM Bhagalpur in connection with Kahalgaon (NTPC) PS Case No. 35 of 2018.
(Arun Kumar, J) Snkumar/- U T