Savan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5583 of 2022 Arising Out of PS. Case No.-695 Year-2021 Thana- NAGAR District- Vaishali ====================================================== SAVAN KUMAR S/O SHRI SHIV SHANKAR SAH R/o villageHathsarganj, Naka No. 03, P.S.- Hajipur Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Hajipur Nagar P.S. Case No. 695/2021, instituted for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, on 04.09.2021 at about 8:30 P.M., when the informant along with the salesman was in book shop then suddenly three boys took out pistol and another boy took out yellow plastic bag and picked everything from the Galla i.e. money, checkbook and other materials. Learned counsel for the petitioner submitted that petitioner is a man of clean antecedent having no criminal history. It is further submitted that petitioner is a student and while returning to his house after playing cricket near a chowk,

Patna High Court CR. MISC. No.5583 of 2022(2) dt.08-06-2022 2/2 he found one mobile phone and being a child he carried the mobile phone to his house and put a sim card in the phone, which was in the name of his father. It is further submitted that F.I.R. is against three unknown persons and the T.I. parade has not been done till date and only on the suspicion basis and on the recovery of mobile in which the sim card was used, the petitioner has been apprehended. It is further submitted that there is no independent witness in this case and the petitioner has falsely been implicated in this case due to village politics. Learned A.P.P. for the State vehemently opposes the prayer for regular bail application of the petitioner. Considering the fact that the petitioner is in custody since 18.09.

2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, in connection with Hajipur Nagar P.S. Case No. 695/2021.

(Khatim Reza, J) Ranjeet/- U T