Shyam Kumar @ Shyam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5215 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== Shyam Kumar @ Shyam Kumar Singh Son of Krishna Singh @ Shrikrishna Singh Resident of Village - Karmaini Mohabbat, Police Station - Kuchaikote, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

Prosecution case in short is that while the informant along with his friend was returning from his motorcycle, in the way, they were intercepted by the accused persons sitting in a car. It is further alleged that the accused persons, on the point of pistol, snatched away Rs. 6000/-, mobile, purse containing different documents from the informant and also snatched Rs. 2000 and a mobile from his friend.

Patna High Court CR. MISC. No.5215 of 2020(3) dt.28-05-2020 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-08-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Judicial Magistrate-Ist Class, Gopalganj in connection with Yadopur P.S. Case No. 83 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T