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Patna High CourtCR. MISC./54869/2024bail granted

Shakti Kumar @ Sabtiya @ Sambatiya v. The State Of Bihar

2024-08-02Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54869 of 2024 Arising Out of PS. Case No.-746 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Shakti Kumar @ Sabtiya @ Sambatiya, aged about 25 years, Male, Son of Shambhu Dayal Matho, Resident of Village- Fulwariya, P.S.- Mahua, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar,, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Mahua P.S. Case No.746 of 2023 registered for the offence under Section 394 of the Indian Penal Code.

3. Allegation against the petitioner is to have looted a sum of Rs.1,29,730/- from the office of the informant along with other unknown accused persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR and his name surfaced on the basis of confessional statement of co-accused Aman Kumar. It is submitted that nothing incriminating articles were recovered from possession

Patna High Court CR. MISC. No.54869 of 2024(2) dt.02-08-2024 2/2 of this petitioner, during course of investigation, which may connect this petitioner with the present set of occurrence. It is also submitted that no TIP has been conducted by the I/O in the present case. It is further submitted that petitioner is a man of clean antecedent as stated in para 3 of the petition and he is in custody since 05.04.2024.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and submissions made on behalf of the petitioner and similarly situated co-accused persons namely Aman Kumar, Vishal Kumar and Nikhil Kumar have been granted bail by this Court in Cr. Misc. Nos. 15843 of 2024, 27391 of 2024 and 28263 of 2024 vide orders dated 13.03.2024 and 19.04.2024, respectively, let the petitioner, above named, is directed to be released on bail in connection with Mahua P.S. Case No.746 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur. (Ramesh Chand Malviya, J) Anand Kr.

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