IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31830 of 2011 Jai Narayan Sah Versus The State Of Bihar -----------
02/ 12.10.2011 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Petitioner is in jail custody since 25.6.2010 in a case
registered under section 384 of the IPC.
Petitioner is not named in the first information report but in
course of investigation, it came to light that mobile phone which had
been used in committing the alleged crime belonged to the petitioner
and subsequently, allegedly aforesaid mobile set was recovered from
the possession of the petitioner.
The contention of learned counsel for the petitioner is that
mobile phone, which is said to have been recovered from the
conscious possession of the petitioner, has not been used in
committing the alleged crime and so far as mobile phone, which has
been used in committing the alleged crime is concerned, the same
stands in the name of one Vashishth Rai which is evident from
annexure 3 to this petition.
Considering the aforesaid facts and circumstances as well as
submissions of the parties, let the petitioner, Jai Narayan Sah, be
released on bail on furnishing bail bonds of Rs 10,000/- with two
sureties of the like amount each to the satisfaction of the Addl. Chief
Judicial Magistrate, Dalsingsarai District Samastipur in Angarghat
P.S. Case no. 7/2011.
shahid (Hemant Kumar Srivastava,J)