Shashi Kumar @ Shashi Mahto @ Babua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26900 of 2023 Arising Out of PS. Case No.-63 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Shashi Kumar @ Shashi Mahto @ Babua, Gender-Male, Aged about 42 years, S/o Devsharan Prasad, Resident of Village- Panchi P.S.- Shekhopur, Sarai, District- Shekhpura, Bihar- 811103 ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Nishant Kumar Sinha, Advocate For the Opposite Party :
Mr. Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sheiokhopur Sarai P.S. Case No. 63 of 2021 dated 04.04.2021, instituted for the offence punishable under Sections 406, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.
3. As per the prosecution case, it is stated by the informant that on secret information having been received that a cyber crime was being committed through mobile phones, a raid was conducted and from the house of Sumant Kumar @ Golu, one accused namely, Mantu Kumar was arrested and various incriminating articles whose details has been given in the
Patna High Court CR. MISC. No.26900 of 2023(2) dt.24-05-2023 2/3 F.I.R., were recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner was not arrested at the spot and his name transpired in this case only on the basis of confessional statement of another co-accused, namely, Mantu Kumar. No incriminating articles have been recovered from the conscious possession of the petitioner. Further, it is submitted that another co-accused, namely, Raushan Kumar and Sumant Kumar have already been granted bail vide order dated 17.01.2023 and 21.04.2023 passed in Criminal Miscellaneous No. 19416 of 2022 and Criminal Miscellaneous No. 23030 of 2023 respectively. Lastly, it has been submitted that the petitioner is in custody since 29.11.2022 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.26900 of 2023(2) dt.24-05-2023 3/3 Sheikhpura in Sheiokhopur Sarai P.S. Case No. 63 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T