Shravan Kumar @ Sarwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10789 of 2024 Arising Out of PS. Case No.-22 Year-2023 Thana- NADI P.S. District- Bhagalpur ====================================================== Shravan Kumar @ Sarwan Kumar S/O Baijnath Singh R/O Village- Ambho, P.S- Kharik, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Nadi P.S. Case No. 22 of 2023 registered for the offences punishable under Sections 379, 411 and 413 of the Indian Penal Code.

3. The allegation against the petitioner is to commit theft alongwith other co-accused persons/family members and

Patna High Court CR. MISC. No.10789 of 2024(2) dt.22-02-2024 2/3 while committing so taken away bridge construction material.

4. Learned counsel appearing on behalf of the petitioner submitted that out of local disputes and differences entire family of the petitioner was arrested by police, where being son of the main co-accused namely Baidyanath Singh, petitioner was named with the present case as one of the coaccused. It is pointed out that at the time of occurrence petitioner was in Hyderabad, in connection with his employment. It is submitted that save and except suspicion arises out of disclosure of co-accused persons nothing incriminating appears against this petitioner, where he is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for bail.

6. In view of the facts and circumstances as mentioned above and by taking note of the fact as save and except suspicion arising out of disclosure made by co-accused, where nothing incriminating appears against this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.10789 of 2024(2) dt.22-02-2024 3/3 each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Naugachia Bhagalpur/concerned Court below where the case is pending in connection with Nadi P.S. Case No. 22 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T