Raj Sharma @ Shiv Sharma @ Pochu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58403 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== Raj Sharma @ Shiv Sharma @ Pochu Son Of Ajay Sharma Resident Of Village - Dharamganj, Manjhi Road, P.S. - Kishanganj, District - Kishanganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kishanganj P.S. Case No. 106 of 2023 dated 14.03.2023 registered for the offences punishable u/s 457 and 380 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants are alleged to have committed theft of cash of Rs. 50,000/-, gold silver worth Rs. 3,00,000, computer, T.V. and other belongings from the house of the informant.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.58403 of 2024(2) dt.28-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Ankit Rai. There is no specific allegation against the petitioner. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.04.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the T.V. and LCD Monitor have been recovered from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Kishanganj in connection with Kishanganj P.S. Case No. 106 of 2023, with a condition/s:- (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 bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.58403 of 2024(2) dt.28-08-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T