Shailesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62473 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Shailesh Ram S/O Shivdayal Ram Village- Ghatawan, Ps- Kudra, DistKaimur (Bhabua) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arti Kumari For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code and later on added sections, 395 & 412 of the I.P.C.

3. According to the FIR, it is alleged that while the informant, who is driver of the truck, went to attend the nature's call after parking the truck, meanwhile, some unknown miscreant caught him and stanched cash of Rs. 52,000/- along with mobile phon from the pocket of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in

Patna High Court CR. MISC. No.62473 of 2023(2) dt.05-10-2023 2/2 the present case on the basis of confessional statement of coaccused Mohit Kumar @Akha from whose possession, looted mobile has been recovered. Neither the petitioner was put on TI Parade nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 26.3.2023. Moreover, similarly situated co-accused namely, Raja Ram has already been granted bail by this Court vide order st. 21.7.2023 passed in Cr. Misc. No. 43686 of 2023 and in support of this Annexure-2 has been annexed with this petition.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kudra P.S. Case No. 101 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Civil Court, Mohaniya, Kaiumr. (Sunil Kumar Panwar, J) Manishkr/- U T