Binod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63777 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.

Binod Sah, aged about 35 years, Male, Son of late Chhathi lal Sah, Resident of Village - Garkha, P.S.- Garkha, Distt - Saran. 2.

Laxman Sah, aged about 40 years, Male, Son of late Chhathi Lal Sah, Resident of Village - Garkha, P.S.- Garkha, Distt - Saran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ashok Kumar Mishra, Advocate.

For the Opposite Party :

Mr. N.N. Tiwari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Section 420 of the IPC and 7 of the E.C. Act. The prosecution story, in brief, is that the Block Supply Officer has conducted raid in the godown of the petitioners and recovered 330 Kerosene Oil, 50 liters Diesel and other articles.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 13.08.2019. The petitioners have been made accused in the present case due to mistake of fact. Charge sheet has been

Patna High Court CR. MISC. No.63777 of 2019(2) dt.14-11-2019 2/2 submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that 3300 Liters Kerosene Oil, 50 Liters Diesel and other articles were recovered from the godown of the petitioners. The premises in question from where Kerosene Oil and Diesel are said to have been recovered was let out to covillager. The petitioners have got no concern with the same. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Chapra, in connection with Garkha P.S. Case No. 241 of 2019.

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