Shammi Kumar @ Shami Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63712 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- SINGHWARA District- Darbhanga ====================================================== Shammi Kumar @ Shami Kumar Son of Arun Kumar Jha Village- Asthua PsSinghwara Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Singhwara P.S. Case No. 136 of 2024 instituted for the offences under Sections 323, 341, 379, 414/34 of the Indian Penal Code.

3. Prosecution case, in short, is that two miscreants boarded on a motorcycle dashed in the bike of the informant due to which he fell down. In the meantime, they started assaulting the informant and snatched his mobile phone, Sonata Watch, golden hanumani and cash amounting to rupees 9,700/- and tried to fled away. But, in the meantime, one of them was caught by the villagers who disclosed his name as Sami Kumar(petitioner).

Patna High Court CR. MISC. No.63712 of 2024(2) dt.06-09-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that one motorcycle has been recovered from the petitioner which is registered in the name of his father, and in support of his contention, learned counsel referred the Registration Certificate (Annexure-P/2 of Supplementary affidavit). It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.06.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Bench vide order dated 21.08.2024 passed in Cr. Misc. No. 57031 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.63712 of 2024(2) dt.06-09-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Singhwara P.S. Case No. 136 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T