Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60664 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== Shyam Kumar Son Of Sadhu Saran Sao Resident Of Village - Teusha, P.S.- Aanti, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Sr. Adv.

:

Mr. Manish Kumar Singh, Adv.

For the Informant :

Mr. Amar Prakash, APP :

Mr. Rajeev Ranjan Kumar Panday ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 379, 427, 447, 504, and 34 of the Indian Penal Code. Petitioner is said to have came at the petrol pump of the informant and broke upon ventilator and entered into pump office, abused and took away Rupees 6,50,000 and also took away Balero vehicle along with all original papers. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.60664 of 2021(5) dt.05-12-2022 2/2 petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation leveled against the petitioner. He submits that petitioner is the member of mob. He submits that there is no specific overt act against the petitioner. He submits that the dispute is purely a civil dispute between informant Malti Devi who is owner of the Land and has given 32,00000 /- to the informant to do business on terms and condition. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madanpur P.S. Case No. 138 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.