Shivjee Ram @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59999 of 2024 Arising Out of PS. Case No.-916 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Shivjee Ram @ Chhotu Kumar, aged about 23 years, Gender-Male, Son of Late Shiv Chandra Das, Resident of Vill- Nawa Nagar (Mayaram Pethiya), P.S.- Bidupur, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar Sinha, Advocate For the Opposite Party :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 916 of 2021 dated 18.10.2021 registered for the offence punishable under Section 394 of the I.P.C.

3. As per the prosecution case, four unknown miscreants are alleged to have entered the office of the informant and looted Rs. 3,08,610/-, three Laptops, Mobile phones of the office staffs and some articles of the customers and fled away with the motorcycle of Monu Kumar Singh.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in

Patna High Court CR. MISC. No.59999 of 2024(4) dt.03-10-2024 2/3 the F.I.R. and he was remanded in the present case on the basis of the confessional statement of the co-accused. No T.I. Parade has been conducted to ascertain the real culprit of the alleged offence. Nothing incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged ofence. It is further submitted that in the entire case diary, there is no specific allegation against the petitioner. The other co-accused, Abhishek Kumar @ Milarua, has been granted bail by a Bench of this Court vide Cr. Misc. No. 61348 of 2023 under order dated 12.09.2023. The petitioner has five criminal antecedents and in two cases, he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 20.12.2021.

5.Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XI, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 916 of 2021 with further condition:-

Patna High Court CR. MISC. No.59999 of 2024(4) dt.03-10-2024 3/3 I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T