Shivam Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2369 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -BACHWARA District- BEGUSARAI ====================================================== Shivam Kumar @ Bhola, Son of Tunna Singh, Resident of VillageChiranjivipur, P.S.- Bachhwara, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 06-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bachhwara P.S. Case No.105 of 2016 registered under Section 379 of the Indian Penal Code.

The accusation is that in the night of 17/18.07.2016, the informant was sleeping at his Varamdah and his two vehicles, one Alto and another Bolero bearing Registration No.BR-09WT-1594 were parking at his house. On the sound of the vehicle, the informant woke up and saw that his Bolero vehicle was being carried by two persons. The informant identified the petitioner and one Hare Kisun Singh, who were sitting on the Bolero vehicle.

Patna High Court Cr.Misc. No.2369 of 2017 (2) dt.06-02-2017 2/2 While the informant tried to chase them on boarding his Alto vehicle but they succeeded to flee away. The thieves were also with the Alto vehicle bearing Registration No.BR-01AC-7655. Learned counsel appearing on behalf of the petitioner submits that the petitioner and the co-accused Hare Kisun Singh are the co-villagers of the informant and have falsely been implicated in this case due to ulterior motive. While the occurrence is said to be of 17/18.07.2016 in the night but the F.I.R. was lodged at 08.45 P.M. on 19.07.2016. Further submission is that chargesheet has already been submitted against the petitioner in this case. The petitioner is in custody since 08.10.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Pankaj Pandey, Judicial Magistrate, Begusarai, in connection with Bachhwara P.S. Case No.105 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T