Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52800 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== Shankar Sharma Son Of Bhaltu Sharma R/O Village - Sisirita, P.S.- Nokha, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Shivsagar (Baddi) P.S. Case No. 130 of 2022 registered under sections 328 and 379 of the Indian Penal Code.

It is a case of theft of the tractor of the informant after administering obnoxious material to the tractor driver along with others.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case at the instance of his enemy. The petitioner was not named in F.I.R. rather his name came during investigation only on the basis of suspicion. It is further

Patna High Court CR. MISC. No.52800 of 2022(4) dt.14-03-2023 2/2 submitted that neither the stolen tractor has been recovered from the conscious possession of the petitioner nor he has been put on T.I.P. There is no any witness of the alleged occurrence. During investigation, nothing cogent material has come against the petitioner to implicate in the alleged occurrence. He is languishing in judicial custody since 06.04.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Shivsagar (Baddi) P.S. Case No. 130 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Sasaram, District- Rohtas. (Sunil Kumar Panwar, J) shubham/- U T