Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9348 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Shivam Kumar S/o Raj Kumar Thakur R/o Vill - Ratanpur, P.S. - Kamtaul, Dist. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Smiti Bharti, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kamtaul P.S. Case No. 208 of 2023, lodged on 20.09.2023 under Sections 399, 402, 307, 120(B), 201 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner against whom there is an allegation that they were collected with a view to commit dacoity, but in the meantime, firing took place and people were fled away. Only petitioner was apprehended and on his statement, FIR has been lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.9348 of 2024(2) dt.20-02-2024 2/2 also submits that the from the contents of the FIR, it is very much clear that entire event has been disclosed by the petitioner himself before the police. But, police has instead of appreciating the petitioner, has made him accused in this case stating that he is involved with the criminals.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 21.09.2023. Counsel also submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above considering the antecedent of the petitioner, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Kamtaul P.S. Case No. 208 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T