Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53931 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== SHUBHAM KUMAR SON OF DEEPAK YADAV RESIDENT OF VILLAGE - JURABGANJ, P.S. - KODHA (KORHA), DISTRICT - KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anup Kumar Pandey For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

3. As per prosecution case, when the informant was moving in a Bolero along with his brother-in-law after withdrawing Rs. 8 lacs from State Bank of India and stopped the vehicle for purchasing articles at the grocery shop and the money bag was kept in the middle seat of the vehicle. It is

Patna High Court CR. MISC. No.53931 of 2023(2) dt.25-08-2023 2/3 further alleged that when the driver of the vehicle and Bikram Kumar both went to grocery shop then some unknown persons took away the said black colour money bag and disappeared.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of other co-accused. On the basis of suspicion, petitioner has been remanded in this case from another case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 20.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.53931 of 2023(2) dt.25-08-2023 3/3 (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Suryagarha P.S. Case No. 42 of 2023. (Sunil Kumar Panwar, J) arish/- U