Sharvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40985 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== SHARVAN KUMAR, Son of Late Ram Prasad Ram Resident of village - Sohagpur ward no. 4, P.O. - Chauhatta, P.S. - Kishanpur, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Singh, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Kishanpur P.S. Case No. 52 of 2023 dated 07.03.2023 registered for the offences punishable u/ss 379 and 411 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, four unknown miscreants came and took the mobile phone of the informant from his E-rickshaw and fled away.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.40985 of 2023(2) dt.19-07-2023 2/2 this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Raja Kumar. Nothing has been recovered from the possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 24.06.2023 passed in Cr. Misc. No. 35029 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Kishanpur P.S. Case No. 52 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T