Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25071 of 2025 Arising Out of PS. Case No.-508 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Shambhu Kumar Son of Sanjay Kumar Resident of Village - Tandwa, P.S.- Muffasil Siwan, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned counsel for the opposite party.
2. The petitioner is in custody in connection with Kuchaikote P.S Case No. 508 of 2024 registered for the offences punishable under Sections 310(2) of Bhartiya Nyaya Sanhita,
3. As per allegation in the FIR, petitioner along with other accused persons has looted the informant's bike bearing Registration No. UP57BC-8762 and cash of Rs. 4,40,000/-.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner's name has been figured by the confessional statement of the co-accused namely Uma Shankar. He next submits that no incriminating article has been recovered from the possession of the petitioner. He further states that
Patna High Court CR. MISC. No.25071 of 2025(2) dt.02-05-2025 2/2 looted motorcycle has been recovered from Gopalganj P.S. Case No. 880 of 2024 under Section 414 of I.P.C. which was lodged against unknown. It is also submitted that petitioner is in judicial custody since 23.12.2024. He further submits that other co-accused has been granted bail vide Cr. Misc. No. 23113 of 2025.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 27.02.2025, it appears that nothing incriminating article has been recovered from the possession of the petitioner and one of the co-accused as been granted bail, So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner 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 learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S Case No. 508 of 2024 (Ramesh Chand Malviya, J) Sunnykr/- U