Shintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25920 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- DHANSOI District- Buxar ====================================================== Shintu Kumar Son of Ram Janam Seth @ Ram Janm Seth Resident of Village- Alamganj Sasaram, P.S.- Sasaram, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Adv.
For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Dhansoi P.S. Case No. 9 of 2024, lodged on 20.01.2024 under Sections 394, 457 of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against 3-4 unknown accused persons who alleged to have entered into the house of the informant and committed theft. And those unknown accused persons also assaulted the husband and mother in law of the informant and taken 16 articles about which description has been made in the FIR.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in this case only by virtue of confessional statement of the coaccused namely Manju Devi who used to collect the theft
Patna High Court CR. MISC. No.25920 of 2024(3) dt.15-05-2024 2/2 ornaments and sell in the shop. Counsel further submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on TIP. Counsel also submits that the criminal antecedent of the petitioner is clean and he is in custody since 03.02.2024.
5. Learned counsel for the petitioner further submits that other co-accused persons have been granted bail by this Court vide order dated 04.04.2024 passed in Cr. Misc Nos. 23801 of 2024 and 24733 of 2024.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case No. 9 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.
(Dr. Anshuman, J.) Divyansh/- U T