Patna High Court - Orders
Sonu Soni @ Sonu Swarnkar & Anr vs The State Of Bihar on 9 September, 2015
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36318 of 2015
Arising Out of PS.Case No. -362 Year- 2015 Thana -SAHARSA District- SAHARSA
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1. Sonu Soni @ Sonu Swarnkar
2. Chandan Swarnkar @ Chandan Soni
Both sons of Jogendra Prasad Swarnkar @ Jugo Swarnkar
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai(App)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 09-09-2015Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Section 414/34 of the Indian Penal Code and 25(1-B)a/35 of the Arms Act.
The prosecution case is that the house of the petitioners were raided, when silver jewelleries, cash and one empty pistol magazine were recovered.
It is submitted by learned counsel for the petitioners that the petitioners are businessmen, having jewellery shop namely M/s C. K. Jewellers at Maroofganj Road, Saharsa having registrationi under the Bihar Value Added Tax 2005 and in possession of TIN 10515500038. The silver jewelleries were seized maliciously on 10.05.2015 at 05:00 pm when the Patna High Court Cr.Misc. No.36318 of 2015 (2) dt.09-09-2015 2/3 'fardbeyan' of the informant, being police officer, was recorded on 10.05.2015 at 05.15 pm, the FIR was registered on 10.05.2015 at 8.00 pm but the same reached to the court of learned CJM on 12.05.2015 which suggests that the FIR was registered by antedating. Though, the raid was conducted in connection with Rail P.S. Case No.6 of 2015 wherein the petitioners were neither named nor even suspicion was raised. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. It is further submitted that the seizure list was not handed over to any family members of the petitioners. The petitioners have valid documents for purchase of jewellary of silvers seized from the home of petitioners. The seizure list reflects the seizure of less quantity of jewellary than the quantity already seized. The hurriedness with which the seizure was made and the fardbeyan was recorded within 15 minutes of the seizure but the FIR was registered after three hours of recording of the fardbeyan by a police officer when the police station was only 2- kms from the place of seizure. The FIR reached to the court of learned CJM after two days which clouds the bona fide of the accusation.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest Patna High Court Cr.Misc. No.36318 of 2015 (2) dt.09-09-2015 3/3 or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No.362 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bonds of the petitioners will be accepted on filing of separate affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners.
(Dinesh Kumar Singh, J) Ashwini/-
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