Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25641 of 2018 Arising Out of PS. Case No.-219 Year-2017 Thana- MAHUA District- Vaishali ====================================================== Pawan Kumar, Son of Ram Ekval Sah @ Ram Ewal Sah, Resident of VillageChakauli Lakshmi Narayanpur, Police Station- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Mahua P.S. Case No. 219 of 2017 dated 03.09.2017 instituted for the offences under Sections 392 and 412 of the Indian Penal Code.

A burglary was committed in the petrol pump and four unknown miscreants are alleged to have taken away Rs. 1,36,000/- kept in the cash box. The FIR has been registered against unknown. However, during the course of investigation one Sanjay Sah was arrested who confessed the name of the petitioner as well along with other associates. On the basis of the aforesaid confession made by co-accused Sanjay Sah, the petitioner is sought to be prosecuted in this case.

Patna High Court Cr.Misc. No.25641 of 2018(3) dt.18-05-2018 2/2 Learned counsel for the petitioner has submitted that he owns Rajshri Vastralaya and some cash was found by the police in the aforesaid shop which is stated to be looted property. Learned counsel for the petitioner has therefore argued that there was no identification mark on the cash or no number of notes were provided and in that event it would be absolutely wrong to jump to the conclusion that whatever cash has been recovered from the shop of the petitioner, is part of the looted cash.

The petitioner is in custody since 08.09.2017 and does not have any criminal antecedent.

For the aforestated facts, the petitioner above named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 219 of 2017.

(Ashutosh Kumar, J) krishna/- U T