Sudhanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54197 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- MOKAMA RAIL P.S. District- Patna ====================================================== SUDHANSHU KUMAR Son of Shambhu Pathak Resident of VillagePaprol, P.S.- Barauni, Dist- Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. A.K. Thakur, Mr. Prem Kumar, Advocates For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2022 Heard Mr. A.K. Thakur, learned counsel for the petitioner and Mr. Md. Matloob Rab, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Rail Thana Mokama PS Case No. 20/2021 registered for the offence punishable under Section 379 of the IPC.
As per First Information Report, a trolley bag of the informant was stolen from the Poorva Express containing valuables (i.e. Lenovo laptop, Reebok shoes and cash of Rs.10,000/-) and the same was recovered from the Ranjeet Hotel, Begusarai.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case mainly on the
Patna High Court CR. MISC. No.54197 of 2021(3) dt.09-05-2022 2/3 basis of the fact that he happens to be waiter (Baira) of the said hotel and he has been implicated in this case only on suspicion. Learned counsel further submits that petitioner is not an accomplice of the accused persons from whose possession the stolen articles have been recovered and on the basis of the allegation levelled against the petitioner, at best, offence under Section 212 IPC will be attracted and the petitioner is in custody since 19.04.2021. Charge-sheet has already been submitted in the matter.
He next submits that similarly situated co-accused persons, namely, Rajkumar Rai @ Rajkumar vide Cr. Misc. 53407 of 2021, Sonu Singh vide Cr. Misc. No. 60242/2021 and Bachu Singh @ Bachhu Singh @ Chandan Kumar vide Cr. Misc. No. 42057/2021 have been granted bail by this Court. Regards being had to the submissions made by the parties and taking into consideration the material on record, the fact that petitioner is in custody since19.04.2021, petitioner is waiter (Baira) of the hotel in which the accused persons had stayed, charge-sheet has already been submitted in the matter and similarly situated accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SUDHANSHU
Patna High Court CR. MISC. No.54197 of 2021(3) dt.09-05-2022 3/3 KUMAR, 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 Railway Judicial Magistrate, Patna in connection with Rail Thana Mokama PS Case No. 20/2021.
(Anil Kumar Sinha, J) perwez U T