Rama Shankar Kumar @ Santu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25130 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- SILAO District- Nalanda ====================================================== Rama Shankar Kumar @ Santu Son Of Uday Shankar Prasad R/O VillageShamabad @ Samabad, P.S.- Rahui, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suryakant Kumar For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392/411 of the Indian Penal Code.

As per FIR, prosecution case relates to theft of ERickshaw bearing Registration no. BR21ER-5504 by accused persons which is alleged to be driven by the informant at the time of occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of confession made by coaccused Dharamveer Kumar and Aniket Kumar. The alleged

Patna High Court CR. MISC. No.25130 of 2023(2) dt.23-05-2023 2/2 recovery of stolen E-Riksha has been made from this petitioner and the said vehicle was sold to this petitioner by Chhotu Kumar for Rs. 40,000/- out of which Rs. 32,500 was paid to him by the petitioner and it was agreed that the petitioner would pay rest of amount on the day when Chhotu Kumar would give papers of the vehicle. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 7.1.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Silao P.S. Case No. 05 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M 1st Class, Biharsharif, Nalanda.

(Sunil Kumar Panwar, J) Amandeep/- U T