Pawan Kumar Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.5531 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5531 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Pawan Kumar Gupta, S/o Sri Nanhak Sao @ Bharat Sah, R/o VillageAliganj, P.S.- Suryapura, District- Rohtas (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 24.09.2017 in connection with Nokha P.S. Case No. 265 of 2017 for the offence registered under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that there is nothing against the petitioner, save and except, the confessional statement made before the police by one Shankar Choudhary, which has no evidentiary value. It is further submitted that the petitioner is a businessman doing business of sale and purchase of wheat and rice and the same is inevitably available in his godown, and, therefore, any seizure made from the his godown cannot be conclusively said to had been stolen from the godown of the informant.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.5531 of 2018 (2) dt.01-02-2018 the case and that 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 A.C.J.M., Rohtas at Sasaram in connection with Nokha P.S. Case No. 265 of 2017. (Anjana Mishra, J) Jagdish/- U T