Shubham Kumar @ Shivam Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17000 of 2024 Arising Out of PS. Case No.-122 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Shubham Kumar @ Shivam Poddar S/O Dhananjay Poddar R/O VillageMokhtiyarpur Salkhani, Ward No.13, P.S.-Dalsingsarai, District Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the State :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 392 and 397 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that three unknown motorcycle borne miscreants have robbed the cash, mobile and other articles from the informant and others.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. He submitted that after six months, the I.O. inserted one witness namely, Md. Rabbani in whose statement the name of the

Patna High Court CR. MISC. No.17000 of 2024(2) dt.14-03-2024 2/2 petitioner transpired that he was standing at his shop likely after committing of the offence. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 18.05.2023 passed in Cr. Misc. No. 18948 of 2023. He is languishing in judicial custody since 02.12.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Bacchwara P.S. Case No. 122 of 2022.

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