Shyam Kumar @ Shyam Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39462 of 2024 Arising Out of PS. Case No.-897 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Shyam Kumar @ Shyam Chaudhari Son of Naresh Chaudhari R/O Vill.- Bhaisasur, P.S.- Bihar Sharif, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Aurangabad (Town) P.S. Case No. 897 of 2023 instituted for the offence under Sections 392 & 34 of the Indian Penal Code. 3.

Prosecution case in a narrow compass is that when the informant was returning after withdrawing money to the tune of Rs. 2,50,000/- from Punjab National Bank, he met one person, who offered him tea, whereafter, the informant sat in his vehicle and all the accused persons snatched Rs. 2,50,000/- and fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is remanded in this case on 06-01-2024, from

Patna High Court CR. MISC. No.39462 of 2024(3) dt.26-07-2024 2/3 Aurangabad (Muffasil) PS Case No. 519 of 2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of his self-confessional statement taken in custody and the same has no evidentiary value in the eyes of law. It is next submitted that nothing has been recovered from possession of the petitioner. Petitioner was not put on T.I. Parade. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted by referring to paragraph No. 18 of the case diary that petitioner has confessed his guilt.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.39462 of 2024(3) dt.26-07-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad (Town) P.S. Case No. 897 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T