Shivam Kumar @ Shivam Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41132 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== SHIVAM KUMAR @ SHIVAM RAY S/o- Late Sunil Ray R/o VillageMajlispur, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2022 Heard Mr. Rajeev Ranjan No. II, learned counsel for the petitioner and Mr. Mohammed Arif, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Gangabridge P.S. Case No. 73 of 2021 registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code 1860.

As per the prosecution story, the tempo of the informant was booked by three persons for a sum of Rs.300/- and when the tempo reached near the Gangabridge Police Station, all the three persons directed the informant to stop the tempo and at the point of knife snatched a sum of Rs.1,000/- and fled away along with the tempo of the informant. However,

Patna High Court CR. MISC. No.41132 of 2021(2) dt.29-01-2022 2/3 upon alarm being raised, the local people apprehended the petitioner along with one accused person and one person succeeded in fleeing away.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to quarrel which had taken place between the petitioner and others with the informant on the point of payment of fare. He further submits that the petitioner is in custody since 24.3.2021 having no criminal antecedent and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the tempo was hired by the petitioner and others and as such, the possibility of dispute on the point of payment of fare cannot be ruled out, the petitioner is in custody since 24.3.2021 having no criminal antecedent, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.41132 of 2021(2) dt.29-01-2022 3/3 the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Gangabridge P.S. Case No. 73 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T