Patna High CourtCR. MISC./57086/2024bail granted

Shivnath Kumar v. The State Of Bihar

2024-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57086 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Shivnath Kumar S/o- Asharafi Sharma @ Asarafi Sharma resident of villageBhueedhara, ward No 13, Ps- Samastipur muffasil Dist-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 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 Waris Nagar P.S. Case No. 60 of 2024 dated 28.02.2024 registered for the offences punishable u/s 414 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed theft of motorcycle for the purpose of selling the same to the co-accused Anil Yadav.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.57086 of 2024(2) dt.31-08-2024 2/2 this case. The petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 08.07.2024 passed in Cr. Misc. No. 43801 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Samastipur, in connection with Waris Nagar P.S. Case No. 60 of 2024.

7. The application stands allowed.

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