Shivam Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41318 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Shivam Kumar @ Chhotu Son Of Lalan Singh @ Lalan Kumar @ Doman Singh R/O Village- Bihat, Ibrahimpur Tola, P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Barauni P.S. Case No. 323 of 2021 registered for the alleged offences under Section 392 of the Indian Penal Code.

As per prosecution case, four unknown miscreants signaled the informant to stop his Scooty and they were armed with pistol. When the informant did not stop, they pushed his Scooty and he fell down and got injured. The miscreants took away the Scooty, mobile phone and a wallet containing Rs.

Patna High Court CR. MISC. No.41318 of 2022(2) dt.14-10-2022 2/3 4,000/-, Aadhar card, driving license, PAN card and ATM card. The name of the petitioner transpired as an accused during investigation.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely on suspicion. He is not named in the F.I.R. and nothing incriminating has been recovered from his conscious possession. The petitioner was named in the F.I.R. in the confessional statement of co-accused Satyam Kumar who is on inimical terms with this petitioner. No Test Identification Parade has been conducted by the police. Nothing substantive came up against the petitioner during investigation to connect him with the present case. Charge sheet has been submitted in this case and the petitioner is in custody since 10.01.2022. Learned APP for the State opposes the prayer for bail of the petitioner.

Having regard to the submission made on behalf of the parties and considering the period of custody of this petitioner along with submission of charge sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.41318 of 2022(2) dt.14-10-2022 3/3 Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 323 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T