Shambhu Yadav @ Shambhu Kumar Yadav @ Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70929 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- JHANJHARPUR District- Madhubani ====================================================== Shambhu Yadav @ Shambhu Kumar Yadav @ Shambhu Kumar Son Of Late Ghuran Yadav @ Late Ghuran Prasad Yadav Resident Of Village - Goth Narahiya, P.S- Laukahi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Shubham, Advocate For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 25.09.2020, charge-sheet has been submitted in the case, he has antecedent of five cases and the informant alleges that he was intercepted by three unknown criminals who looted his motorcycle.

Learned counsel for the petitioner submits that the FIR was against unknown and the petitioner based on his antecedents came to be falsely implicated by police showing the recovery of the alleged looted bike from a place in front of the

Patna High Court CR. MISC. No.70929 of 2021(2) dt.05-05-2022 2/2 house of the petitioner. Learned counsel further submits that in the impugned order it has been recorded that the looted motorcycle was recovered from the petitioner but from perusal of Annexure-2 i.e., the seizure list, it would manifest that the place of seizure is recorded as a road in front of the house of the petitioner.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 25.09.2020, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jhanjharpur P.S. Case No. 120 of 2020 with a condition that one of the bailors shall be the brother of the petitioner, Manoj Kumar Yadav.

(Satyavrat Verma, J) Rishi/- U T