Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5251 of 2024 Arising Out of PS. Case No.-599 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== Shyam Kumar S/o Ram Briksh Sahni Resident of Collecteriat Ghat, Jhoparpatti, P.S. - Gandhi Maidan, Dist. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

It is alleged that copper wire of the school of the informant namely Christ Church Diocesan School has been stolen by unknown person.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The

Patna High Court CR. MISC. No.5251 of 2024(2) dt.07-02-2024 2/2 petitioner has still not been put on T.I.P. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 28.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Gandhi Maidan P.S. Case No. 599 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T