Patna High CourtCR. MISC./52740/2019bail granted

Shivam Kumar v. The State Of Bihar

2019-11-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52740 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== SHIVAM KUMAR Son of Ragho Tiwari Resident of Village - Nariyar, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Arbind Kr. Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Reega P.S. Case No. 74 of 2019 for the offences punishable under Section 392 of the Indian Penal Code .

The allegation in the present case is that when the informant was coming after collecting instalment money of his company, he was apprehended by three accused persons and on pistol point, they had snatched a sum of Rs. 1,33, 141/- approximately from him and had then fled away. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and his name has been taken by one co-accused person, namely, Kundan Kumar who was earlier apprehended by the police, however, during the

Patna High Court CR. MISC. No.52740 of 2019(3) dt.16-11-2019 2/2 course of T.I.P. held by the police, the informant had not recognized the petitioner, hence it is apparent that the petitioner was not the person who had participated in the alleged crime. It is also submitted that no cash money has been recovered either from the person of the petitioner or from his house. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 08.06.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Sitamarhi in connection with Reega P.S. Case No. 74 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T