Patna High CourtCR. MISC./50120/2018bail granted

Shambhu Chaudhary v. The State Of Bihar

2018-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50120 of 2018 Arising Out of PS.Case No. -233 Year- 2018 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Shambhu Chaudhary Son of Motilal Choudhary Resident of VillageTilrath, P.S. Barauni, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Dhar Jha For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections- 400, 413 & 414 of the Indian Penal Code. Allegation against the petitioner is that being owner-cumdriver of Bolero car, one mobile was recovered from his possession.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-05-2018 and the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. The petitioner is the owner-cumdriver of the Bolero car in question. The said car was parked by

Patna High Court Cr.Misc. No.50120 of 2018 (3) dt.14-09-2018 side of the truck loaded with cement. The said truck loaded with cement is said to be a stolen property. The petitioner has got no concern with the truck or the cement in question. The name of the petitioner has come in confessional statement of co-accused Raja Babu and Manoj Kumar. Except for this, there is no other substantial evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West, Muzaffarpur in connection with Kanti P.S. Case No. 233 of 2018.

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