Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44744 of 2024 Arising Out of PS. Case No.-1111 Year-2023 Thana- PATNA GRP CASE District- Patna ====================================================== Shambhu Kumar S/o Late bhusan Raj R/o Gulzarbagh, Dadar Mandi, P.S.- Alamganj, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with GRP Patna (Rail PS Patna Junction) P.S. Case No.1111 of 2023 instituted for the offence under Sections 414 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that during the course of patrolling at Railway Station, two persons tried to flee away, but they were apprehended by the police personnels and on search, there is recovery of two mobile phones from the possession of the two apprehended persons.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-12-2023. Petitioner

Patna High Court CR. MISC. No.44744 of 2024(2) dt.27-06-2024 2/2 bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case on extraneous consideration. Nothing incriminating has been recovered from the possession of the petitioner. So far as recovery of mobile phone is concerned, the same belongs to the petitioner himself.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of accusations and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with GRP Patna (Rail PS Patna Junction) P.S. Case No.1111 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T