Shankar Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4230 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Shankar Choudhary S/o Daroga Choudhary

2. Manoj Kumar Choudhary, S/o Late Algu Choudhary, Both resident of Village- Aliganj, P.S.- Surajpura, District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Nokha P.S. Case No. 265 of 2017 dated 05.09.2017 for the offence under Section 395 of the Indian Penal Code.

One Alok Chandra has lodged the FIR alleging that his godown was raided and approximately 200 quintals of wheat was taken away in a truck. The miscreants also took away an inverter and other valuables kept in the godown. The petitioners are not named in the FIR. During the course of investigation, it transpired that the petitioners had talked amongst themselves and with one Pawan Kumar Gupta. Pursuant to such information, the godown of Pawan Kumar Gupta was raided from where 300 bags of looted wheat have been recovered.

Patna High Court Cr.Misc. No.4230 of 2018 (2) dt.01-02-2018 Aforesaid Pawan Kumar Gupta is said to have confessed before the police that the wheat which was recovered from his godown was purchased from petitioner no. 1.

Learned counsel for the petitioners has submitted that their implication in the case is, therefore, only on the basis of confession of an accused from whose possession, stolen wheat has been recovered. He further submits that there is no identification mark to identify/ascertain that the bags of wheat which were recovered from the godown of Pawan Kumar Gupta were the stolen bags of wheat.

The petitioners do not have any criminal antecedent. Considering the aforesaid facts, the petitioners above named, are directed to be released in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas (Sasaram) in connection with Nokha P.S. Case No. 265 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) KKSINHA/- U T