Shibu Kumar @ Shiv Shankar Kumar @ Shibu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4337 of 2017 Arising Out of PS.Case No. -244 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Shibu Kumar @ Shiv Shankar Kumar @ Shibu Rai, Son of Jagnarayan Rai, resident of village - Hathsarganj, P.S. Hajipur Town, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Mahua P.S. Case No. 244 of 2016 instituted for the offence under Section(s) 394 of the Indian Penal Code.

There is allegation in the fardbeyan that while the informant was returning to his house along with money to purchase stamp in the Registry Office, three accused persons riding on motorcycle came and snatched the bag which contained rupees 6-7 lacs. One person also fired causing fire arm injury to the informant. All the three miscreants after arrival of the people fled away.

Learned A.P.P. has pointed out that in para 30

Patna High Court Cr.Misc. No.4337 of 2017 (3) dt.08-03-2017 2/2 of the case diary, it has come that police on secret information went to raid in the house of Ravi Kumar who managed to fled away but this petitioner was caught and from the possession of this petitioner Rs. 1,28,000/- was recovered. The petitioner made his confessional statement before the police as mentioned in para 37 of the case diary. However, no Test Identification Parade was held by the police till date to substantiate that recovered amount was robbed amount.

The petitioner is said to be in custody since 25.06.2016.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 244 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Shageer/- U T