Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57759 of 2018 Arising Out of PS.Case No. -84 Year- 2018 Thana -KASHICHAK District- NAWADA ======================================================

1. Shubham Kumar, Son of Dayanand Singh, resident of Village Rabra, P.S. Kashichak, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 27.06.2018 in connection with Kashichak P.S. Case No. 84 of 2018 registered for the offences punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire story is false and created and it is highly improbable that the petitioner after looting the truck in question would follow the truck to the police station which would necessitate the chasing of the petitioner and his subsequent arrest. It is further submitted that the petitioner was merely arrested on suspicion as he was crossing the area at that point of time and the confessional

Patna High Court Cr.Misc. No.57759 of 2018 (2) dt.20-09-2018 2/3 statement made before the police by petitioner and the said Dhiraj Kumar is of no consequence and has no evidentiary value.

Having heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State, let the petitioner above named, 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 the learned S.D.J.M., Nawada, in connection with Kashichak P.S. Case No. 84 of 2018, subject to the following conditions:-

(1) Father will be the bailor.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in

Patna High Court Cr.Misc. No.57759 of 2018 (2) dt.20-09-2018 3/3 case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T