Shiv Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13415 of 2023 Arising Out of PS. Case No.-7 Year-2022 Thana- SIMRA District- West Champaran ====================================================== SHIV KUMAR SAH, Son of Sukhi Sah R/V- Laxmipur, P.S- Sikta, DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Learned counsel for the petitioner seeks permission for making necessary correction in the petition, during the course of day.

Permission is accorded.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

As per prosecution case, the informant and his companion were looted by some unknown miscreants, who snatched Rs. 11,07,000/-, cheque books, mobile phones etc. and fled away on their motorcycles.

Patna High Court CR. MISC. No.13415 of 2023(2) dt.05-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is not named in F.I.R. His name transpires in the confessional statement of co-accused namely Nikhil Mishra. There is no recovery made from possession of the petitioner. He has got no criminal antecedent. It is also submitted that similarly situated co-accused namely Amit Kumar Mishra, Nikhil Mishra and Dipu Kumar Rai have already been granted regular bail vide order dated 28.04.2022 and 20.02.2023 passed in Cr. Misc. No. 25050 of 2022 and Cr. Misc. 40228 of 2022 and Cr. Misc. No. 45141 of 2022 respectively. Moreover, the petitioner is languishing in judicial custody since 22.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Semara P.S. Case No. 07 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.13415 of 2023(2) dt.05-05-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bagaha, West Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T