Patna High CourtCR. MISC./23374/2024rejected

Shivam Kumar @ Bhujali v. The State Of Bihar

2024-07-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23374 of 2024 Arising Out of PS. Case No.-462 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Shivam Kumar @ Bhujali Son Of Satyendra Singh Resident Of VillageKorlahiya Man Singh, P.S.-Mahindwara, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the State :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2024 Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and Mr. Anil Kumar Singh No.1, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail, who is in custody since 10.08.2022, in connection with Runnisaidpur P.S. Case No. 462 of 2021, FIR dated 17.08.2021 registered for the offence under Sections 395 and 397 of the Indian Penal Code.

3. As per the prosecution case, accused persons have taken away the pickup van, cash of Rs.52,000/- and mobile phones of the informant. During the loot they stabbed the informant with knife in his stomach.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation as

Patna High Court CR. MISC. No.23374 of 2024(3) dt.26-07-2024 2/2 alleged is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that petitioner has been remanded in the present case from Mahindwara P.S. Case No. 110 of 2022 and nothing has been recovered from the conscious possession of the petitioner. He further submits that till date no TIP has been conducted by the prosecution. The petitioner is rotting in judicial custody since 10.08.2022.

5. Learned A.P.P. for the State, on the other hand, vehemently opposes the prayer for bail of the petitioner and submits that it has come in para-45 of the case diary that the informant has identified the petitioner apart from that the petitioner carries five cases other than the present one of the almost similar nature.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Runnisaidpur P.S. Case No. 462 of 2021 pending in the Court of learned Chief Judicial Magistrate, Sitamarhi.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T