Patna High CourtCR. MISC./41450/2023allowed

Shivam Kumar v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 41450 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- MARANCHI District- Patna ====================================================== Shivam Kumar S/O Late Anant Singh R/O Village- Panchmahala, Ps. Manjhaul, Dist. Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 414, 34 of the Indian Penal Code.

As per prosecution case, the petitioner was apprehended on the spot and from his possession several looted ornaments were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and not a single eye witness has stated about complicity of the petitioner in any theft.

Patna High Court CR. MISC. No. 41450 of 2023(2) dt.14-07-2023 2/2 Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 10.05.2023 passed in Cr. Misc. No. 16518 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 24.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maranchi (Panchmahala) P.S. Case No. 149 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Barh Patna.

(Sunil Kumar Panwar, J) Manishkumar/- U T