Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19940 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- CHANDI District- Nalanda ====================================================== SHASHI KUMAR Son of Arun Kumar, Resident of Paithiyapar Nagarnausa, P.S.- Nagarnausa, District - Nalanda- 801305. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Prosecution case, in brief is that the informant has given a written application to the concerned police station alleging therein that he is working in a private company as an engineer and when he was on the date of occurrence returning as soon as reached near about Khushboo Hotel three miscreants on motorcycle arrived dashing and on the point of pistol looted his motorcycle, mobile and fled away.

Patna High Court CR. MISC. No.19940 of 2021(2) dt.30-07-2021 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no any incriminating articles has been recovered from the possession of the petitioner. On the basis of confessional statement of co-accused, he has been made accused in the present case. The said motorcycle was recovered near the house of co-accused namely, Niraj. There is no T.I. Parade till date. The petitioner is languishing in judicial custody since 04.10.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Chandi P.S. Case No. 455/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T