Shyam Kumar @ Shyam Rathaur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17908 of 2023 Arising Out of PS. Case No.-81 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== Shyam Kumar @ Shyam Rathaur Son of Baijnath Sah @ Baidhyanath Sah R/o Mohalla- Jitugachhi, P.S- Town Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 sections 392, 411 of the Indian Penal Code.

As per prosecution case, the informant was surrounded by some unknown miscreants, who by brandishing their pistol snatched his mobile phone, some gold articles, cash of Rs. 4000/- and other articles and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.17908 of 2023(2) dt.12-05-2023 2/2 suspicion. Neither the petitioner is named in the FIR nor any looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 24.02.2023 passed in Cr. Misc. 63616 of 2022. No. It is further submitted that the petitioner is languishing in judicial custody since 08.07.2022.

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 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 Simri P.S. Case No. 81 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class, Darbhanga.

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