Shiv Shankar Kumar @ Shiva v. The State Of Bihar
Patna High Court Cr.Misc. No.43607 of 2018 (4) dt.06-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43607 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -WAJIRGANJ District- GAYA ======================================================
1. Shiv Shankar Kumar @ Shiva S/o Devanand Rajbanshi @ Deva Rajwar Resident of village- Nai Pokhar, P.S.- Rajgir, District- Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-08-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 13.5.2018, seeks bail in Wazirganj PS Case No. 5 of 2018 registered under Section 395 of the IPC.
It is a case of committing dacoity by the unknown accused persons.
Learned Counsel for the petitioner submits that vehicle looted in dacoity has neither been recovered from the possession of the petitioner nor he was put on TIP rather the vehicle was found in the abandoned condition on the road. Merely on the basis of confessional statement made before the police, the petitioner has been made accused in this case, however he has no criminal antecedent, another case vide Narhat PS Case No. 10 of 2018 was registered arising of the same recovery and other co-accused namely Ajit Yadav and another have been admitted to bail by this Court considering the same ground.
Having considered the said facts and circumstances, the petitioner, namely, Shiv Shankar Kumar @ Shiva is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Gaya in connection with Wazirganj PS Case No. 5 of 2018.
Snkumar/- (Arun Kumar, J) U T