Shiv Shankar Kumar @ Tutu @ Tutu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24470 of 2021 Arising Out of PS. Case No.-262 Year-2020 Thana- PARAIYA District- Gaya ====================================================== SHIV SHANKAR KUMAR @ TUTU @ TUTU KUMAR Son of Late Vinay Sharma @ Vinay Singh Resident of Village - Ramdih, Police Station - Paraiya, District - Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.A.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Paraiya P.S. Case no. 262 of 2020 registered for the offence punishable under sections 341, 342, 323, 386, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is in custody since 14.11.2020 and charge sheet has been submitted. Further, petitioner has antecedent of two cases as mentioned in para 3 of the petition. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that Rahul Kumar has alleged that he received a call from his friend Photu who disclosed that Shiv Shankar Kumar @ Tutu ( petitioner) and his friends have held Rajkumar and Neeraj captive near Pariya Ramdih on account of some money dispute, on getting the information, the informant along with Mithlesh went to the place of occurrence on a motorcycle and on reaching the place of

Patna High Court CR. MISC. No.24470 of 2021(2) dt.17-11-2021 2/2 occurrence Rajkumar disclosed that Shiv Shankar wants to sell a motorcycle but is not showing the document on which he refused to buy the motorcycle. Petitioner and his friends have held them captive, on which the informant requested the petitioner and his friends to come to the police station, on which petitioner and his friends started assaulting with lathi and the petitioner tried to assault with knife but Mithlesh friend of informant escaped and petitioner took the informant near a brick-kiln and forcibly took Rs 10,000/- from the informant.

Learned APP vehemently opposed the prayer for bail. Considering the facts that petitioner is in jail custody since 14.11.2020 and charge sheet has been submitted and there is no injury report, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vijayant Singh, Judicial Magistrate, Ist Class, Gaya/ concerned court in Paraiya P.S. Case no. 262 of 2020.

(Satyavrat Verma, J) s.hassan/- U T