Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37946 of 2020 Arising Out of PS. Case No.-650 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Shravan Kumar S/o Arvind Yadav Resident of Village-Bariyahi Basti, Police Station-Bangaon, District-Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2021 Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No. 650 of 2019 for the offence punishable under Section 394 of the Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant, where-after they are stated to have snatched his mobile, purse, ATM card, whereafter, they had fled away.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. The learned counsel for the petitioner has also submitted that though the petitioner is accused in one other case, but he is on bail in the said case. It is further submitted that no test identification parade has been held so as to connect the

Patna High Court CR. MISC. No.37946 of 2020(2) dt.05-02-2021 2/2 petitioner with the alleged crime and the petitioner is stated to be languishing in custody since 28.06.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and considering the materials available on record as also considering the fact that no test identification parade has been held so as to connect the petitioner with the alleged crime and the petitioner is stated to be languishing in custody since 28.06.2020, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 650 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T