Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2824 of 2022 Arising Out of PS. Case No.-170 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== SHIV SHANKAR KUMAR Son of Subodh Kumar Resident of Village - Lodipur Jafara, P.s.- Nardiganj, Distt.- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Pratap Singh, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 461, 379 and 511 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that one when accused person was caught while committing theft in the showroom and he disclosed his name as Suman Kumar and thereafter the said apprehended accused discloses the name of other accused persons who were involved in committing theft, including the petitioner, thereafter it is alleged that several articles, as detailed in the FIR, was found missing from the showroom.

Patna High Court CR. MISC. No.2824 of 2022(2) dt.11-08-2022 2/3 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and he was not present at the place of occurrence, it is also submitted that his name came in the confessional statement of co-accused which has no evidentiary value and he is a person with clean antecedent and is a young boy of 19 years of age and in the event if he is send to custody his entire career would get jeopardized.

Learned APP for the State opposes the prayer for anticipatory bail application of the petitioner, but does not dispute the fact that the name of the petitioner transpired in the confessional statement of co-accused.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nardiganj P.S. Case No. 170 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.2824 of 2022(2) dt.11-08-2022 3/3 One of the bailors of the petitioner shall be his father, Subodh Kumar.

(Satyavrat Verma, J) Shivam/- U T