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Patna High CourtCR. MISC./21581/2018bail granted

Sukesh Kumar v. The State Of Bihar

2018-05-09Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.21581 of 2018 (4) dt.09-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21581 of 2018 Arising Out of PS.Case No. -329 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sukesh Kumar son of late Rajmangal Paswan, resident of village Kushar, P.S. Tariyani, District Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 16.12.2017 in connection with Madhuban P.S. Case No. 329 of 2017 for the offence registered under Sections 457, 380 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that it has been alleged that a stolen black coloured bag containing certain incriminating articles has allegedly been recovered from his possession and that he was apprehended while fleeing after cutting the roof of the shop. It is further submitted that during the course of investigation, it has been found that the roof which is said to have been cut, has been found to be intact and, therefore, the allegation that the petitioner had participated in such an occurrence does not stand substantiated.

In view of the fact that there is cloud in the prosecution

Patna High Court Cr.Misc. No.21581 of 2018 (4) dt.09-05-2018 story and because the petitioner has no criminal antecedent, let the petitioner, above named, 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 Chief Judicial Magistrate, Motihari, District East Champaran in connection with Madhuban P.S. Case NO. 329 of 2017.

(Anjana Mishra, J) Jagdish/- U T