Shivam Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35464 of 2020 Arising Out of PS. Case No.-141 Year-2020 Thana- RAJAPAKAR District- Vaishali ====================================================== Shivam Kumar Gupta son of Sanjay Kumar Gupta R/o Village- Sarai, Near School P.S.-Sarai, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2021 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Ramchandra Singh, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Raja Pakar PS Case No. 141/2020 registered for the offence punishable under Sections 413, 414/34 of the IPC.

3. The allegation, as per First Information Report, is that the police raided the house of the petitioner and recovered a stolen sofa set.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused, Chandan Rai. Learned counsel for the petitioner further submits that the petitioner has also been remanded in another case bearing Sarai PS Case No. 144/2020 lodged for the same occurrence.

Patna High Court CR. MISC. No.35464 of 2020(2) dt.05-01-2021 2/2

5. Learned counsel submits that petitioner is in custody since 30.06.2020 and the charge-sheet has already been submitted in this case and there is no likelihood that the petitioner will abscond or tamper with the evidence if he is released on bail.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 30.06.2020 and the charge-sheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, Shivam Kumar Gupta be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur, in connection with Raja Pakar PS Case No. 141/2020.

8. Needless to say that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T