Shivam Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61523 of 2022 Arising Out of PS. Case No.-306 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== SHIVAM KUMAR JHA Son of Chandra Narayan Jha Resident of VillageBudhnagra, Deudhi, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Katra P.S. Case No. 306 of 2022, registered for the offences punishable under Sections 392 and 414 of the Indian Penal Code. The allegation is regarding three motorcycle borne criminals having surrounded the daughter of the informant on the alleged date and time of occurrence, whereafter they had snatched her mobile phone and fled away, however, when they were fleeing away, they were chased by the villagers, resulting in the petitioner and one

Patna High Court CR. MISC. No.61523 of 2022(2) dt.04-02-2023 2/3 another co-accused person falling from the motorcycle, whereafter they were apprehended. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 13.08.2022. The learned counsel for the petitioner has further submitted that as far as the petitioner is concerned, the looted mobile phone has not been recovered from him.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and the looted mobile phone has not been recovered from his possession, though he is stated to have been apprehended by the villagers upon chase, I deem it fit and proper to admit the

Patna High Court CR. MISC. No.61523 of 2022(2) dt.04-02-2023 3/3 petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Muzaffarpur East in connection with Katra P.S. Case No. 306 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T