Shashi Kumar Sharma @ Sachchidanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39444 of 2025 Arising Out of PS. Case No.-221 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Shashi Kumar Sharma @ Sachchidanand Sharma S/o- Sri Shyamanand Sharma Resident of Makhnaha P.S- Banmankhi, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Banmankhi P.S. Case No. 221 of 2023, registered under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, three unknown miscreants on the point of pistol looted cash of Rs. 40,000/- and driving licence of the informant and fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner was neither present at the place of occurrence nor named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused,

Patna High Court CR. MISC. No.39444 of 2025(2) dt.26-06-2025 2/2 namely, Piyush Kumar and the same has got no evidentiary value. It is next submitted that the looted articles have been recovered from the possession of co-accused, namely, Piyush Kumar. The petitioner has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 02.05.2024 passed in Cr. Misc. No. 34092 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banmankhi P.S. Case No. 221 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T