Jai Jai Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51717 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== JAI JAI SHARMA son of Dasrath Sharma Resident of Village - Budhabe, Police Station - Singheshwar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Singheshwar P.S. Case No. 140 of 2022 registered under Section 392 of the I.P.C.

As per the First Information Report while the informant was going to deliver gas cylinder on his Pick-Up Van, he was intercepted by two persons riding on a black Apache motorcycle and on gun point they snatched a sum of Rs. 38,675/- from the informant. It has further been alleged that the informant from his own sources came to know that the two motorcycle borne persons were Jai Jai Sharma (i.e. the petitioner) and Surendra Chauhan and two

Patna High Court CR. MISC. No.51717 of 2022(2) dt.09-12-2022 2/3 other persons namely, Avinash Kumar and Rabi Kant Kumar were liner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of concocted story. He next submits that occurrence has taken place on 07.06.2022 but FIR has been lodged on 08.06.2022 with pre-meditated mind in order to falsely implicate the petitioner in the present case. He also submits that delay in lodging the FIR is vital and creates doubt in the prosecution story. Petitioner is in custody since 15-062022 having no criminal antecedent and no looted and / or incriminating article has been recovered from the possession of the petitioner.

Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, there is delay in lodging the F.I.R., charge sheet has already been submitted and the petitioner is in custody since 15/06/2022, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on

Patna High Court CR. MISC. No.51717 of 2022(2) dt.09-12-2022 3/3 regular bail on furnishing bail bond of Rs. 20,000 /- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 140 of 2022.

(Anil Kumar Sinha, J) praful/- U T