Patna High CourtCR. MISC./63289/2023bail granted

Shailesh Ram v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 63289 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Shailesh Ram, Son of Shivdayal Ram, Resident of Village- Ghatawan, P.S.- Kudra, Distt- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered under Sections 392 and 411 of the Indian Penal Code.

3. As per the allegation, the F.I.R. named accused along with three unknown persons snatched mobile phone and cash of RS.15,000/- from the informant on the point of pistol.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.04.2023. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in this case on the basis of confessional statement of co-accused, namely, Mohit

Patna High Court CR. MISC. No. 63289 of 2023(2) dt.10-10-2023 2/2 Kumar. There is no recovery of any incriminating article from the possession of the petitioner. Except for this, there is no other substantive evidence to suggest his implication in the present case. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the Court below/concerned Court in connection with Kudra P.S. Case No. 107 of 2023.

(Sudhir Singh, J) annu/- U T