Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23070 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== SHEKHAR KUMAR Son of Maheshwar Ray R/V- Lodipur PS- Goraul DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bhagwanpur P.S. Case No. 298 of 2022 dated 18.12.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, three miscreants boarded on a motorcycle snatched the motorcycle's key, mobile phones, cash and other important documents on the point of gun and fled away with the informant's motorcycle.

Patna High Court CR. MISC. No.23070 of 2023(2) dt.23-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the course of the investigation. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The petitioner is also accused in seven more criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.12.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 298 of 2022 with the condition-:

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.23070 of 2023(2) dt.23-05-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T