Shaishav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36901 of 2023 Arising Out of PS. Case No.-250 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== Shaishav Kumar S/O Chano Yadav @ Chandreshari Yadav R/O Babhangama, PS. Gwalpara, Dist. Madhepura ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Jankinagar P.S. Case No. 250 of 2022 dated 11.09.2022, instituted for the offences punishable under Section 398 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 11.09.2022, six unknown miscreants stopped the informant on gun point and snatched his motorcycle. It is further alleged that on raising alarm by the informant, villagers gathered and caught four out of the six miscreants but two miscreants (including petitioner) were successfully escaped.
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 has not been apprehended on the spot rather Bittu Kumar, Vikas Kumar,
Patna High Court CR. MISC. No.36901 of 2023(2) dt.05-07-2023 2/2 Shivam Kumar and Jyotish Kumar were caught by the villagers and handed over to the police. Further, it is submitted that another co-accused, Vikash Kumar has been granted bail in Cr. Misc. No. 72763 of 2022 passed by a Co-ordinate Bench of this Court on 10.04.2023. It is further submitted that another coaccused, namely, Bittu Kumar has already been granted bail vide order dated 13.02.2023 in B.P. No. 1264 of 2022 passed by learned A.D.J.-IV, Purnia. Lastly, it has been submitted that the petitioner is in custody since 27.02.2023 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 J.M. 1st Class, Purnia in connection with Jankinagar P.S. Case No. 250 of 2022. (Khatim Reza, J) annpurna/- U T