Nippu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56517 of 2024 Arising Out of PS. Case No.-135 Year-2024 Thana- PANCHRUKHI District- Siwan ====================================================== 1.
Nippu Sharma, S/O Ambika Sharma, 2.
Mantu Yadav, S/O Saraug Yadav, Both are residents of village-Machauti, P.S.- Daraunda, District- Siwan. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar, Advocate For the Opposite Party/s :
Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Panchrukhi P.S. Case No. 135 of 2024, registered for the alleged offences under Sections 356 and 379 of the Indian Penal Code.
3. As per prosecution case, four persons riding a motorcycle snatched the mobile phone of the informant. The villagers gave a chase and apprehended two miscreants and two other miscreants fled away from the spot. The recovery of mobile phone was made from the pocket of co-accused Dheeraj Kumar Sah and the apprehended co-accused disclosed the name of this petitioner for also being involved in the snatching.
Patna High Court CR. MISC. No.56517 of 2024(2) dt.11-09-2024 2/3
4. The learned counsel for the petitioners submits that the petitioners have been falsely implicated by the police on the basis of alleged disclosure statement of the co-accused person. The petitioners were not present at the place of occurrence. The petitioners are students and have no concern with the alleged occurrence or the mobile phone seized from the co-accused. The petitioners are having clean antecedent.
5. Learned APP opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioners and further considering the lack of substantive material against the petitioners to show their involvement in the crime as alleged and also considering the possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Siwan, in connection with Panchrukhi P.S. Case No. 135 of 2024, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and
Patna High Court CR. MISC. No.56517 of 2024(2) dt.11-09-2024 3/3 the following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/- U T