Patna High CourtCR. MISC./59016/2023allowed

Shiv Kumar Sah v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59016 of 2023 Arising Out of PS. Case No.-4 Year-2022 Thana- LAUKARIA District- West Champaran ====================================================== SHIV KUMAR SAH SON OF SUKHI SAH VILLAGE LAXMIPUR, PSSIKTA, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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 392 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants stepped down from motorcycle and on the point of pistol looted cash of Rs. 72,000/-, bio-metric machine, mobile and motorcycle of the informant thereafter the miscreants fled away.

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

Patna High Court CR. MISC. No.59016 of 2023(2) dt.12-09-2023 2/2 statement of co-accused Amit Kumar Sharma, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Petitioner has been remanded in this case on 27.03.2023 and since then he is languishing in judicial custody.

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/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Laukaria P.S. Case No. 4 of 2022.

(Sunil Kumar Panwar, J) arish/- U