Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2590 of 2022 Arising Out of PS. Case No.-231 Year-2020 Thana- JADIA District- Supaul ====================================================== Shravan Kumar Son of Maheshwari Mandal R/O Village- Parsa Garhi, P.S.- Jadia, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Jadia P.S. Case No. 231 of 2020 registered for the offence under Sections 394, 397 and 34 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 19.07.2021.

The allegation against the petitioner is to commit robbery, along with other co-accused persons and while committing so, taken away cash of Rs. 11,850/- from one of the co-worker of the informant and during the course of the same also alleged to cause firearm's injury.

Patna High Court CR. MISC. No.2590 of 2022(3) dt.03-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Rajesh Kumar, and also on the basis of self-confession, while apprehended in Jadia P.S. Case No. 24 of 2021. It is submitted that in furtherance of said confession/self-confession, no incriminating material recovered/surfaced during the course of investigation which may connect the petitioner, prima facie, with present set of robbery. It is further submitted that maximum allegation, against this petitioner, appears to act as liner. It is also submitted that petitioner was never put on TIP.

While concluding the argument, it has been submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as no incriminating material surfaced during the course of investigation to connect petitioner with present occurrence coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Jadia P.S. Case No.

Patna High Court CR. MISC. No.2590 of 2022(3) dt.03-09-2022 3/3 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Supaul/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T