Shiv Kumar @ Bira v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16062 of 2020 Arising Out of PS. Case No.-956 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== SHIV KUMAR @ BIRA Son of Ram Asre Ram @ Ram Pyare Ram @ Ram Asrare Ram Resident of Village - Amra Talab, P.S.- Sasaram (Muffasil), Dist.- Rohtas at Sasaram.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Ms. Riya Singh, Advocate.

For the State :

Mr. Ramchandra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-06-2020 Heard Ms. Riya Singh, learned counsel for the petitioner, and Mr. Ramchandra Singh, the learned A.P.P. for the State, through Video Conferencing.

The petitioner seeks bail in connection with Sasaram (Town) P.S. Case No.956 of 2019 registered under Sections 457 and 380 and, later on, added Section 411 of the Indian Penal Code. The accusation is that on 03.11.2019, the informant along with his family members had gone to pond on the festival of "Chhath" locking the main door of the house. When the informant along with his family members returned to his house, then he found lock of the door of the house broken. When the informant entered in the house, then, on verification, it was detected that valuable articles, cash, ornaments, mobile etc. were stolen from the house. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.16062 of 2020(2) dt.05-06-2020 2/2 submits that the petitioner is not named in the F.I.R. In course of investigation, the petitioner was apprehended by the police on mere suspicion and his confessional statement was recorded showing his involvement in the present case. While it is alleged that one stolen mobile was recovered from the possession of the petitioner but, in fact, the said mobile was purchased by the petitioner from his villager. The petitioner had no knowledge that the said mobile is stolen mobile. The petitioner has no criminal antecedent and is in custody since 21.11.2019. On investigation, the police has already submitted the charge-sheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (Town) P.S. Case No.956 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner. (Rajendra Kumar Mishra, J) P.S.