Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65861 of 2024 Arising Out of PS. Case No.-630 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Shambhu Kumar Son of Saryug Prasad @ Saryu Prasad village- Arya Samaj mandir Road, Near Nichali Bazar, Ps- Rajgir, Dist- Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2024 Heard Mrs. Vaishnavi Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned A.P.P. for the State.

2. Petitioner in the present case is seeking regular bail in connection with Rajgir P.S. Case No.630 of 2023 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. He is in custody since 09.07.2024. The petitioner has got three criminal antecedents.

3. The prosecution story in brief is that the Mines Inspector, Nalanda on the basis of an information went to conduct raid and accordingly, sand was found stored at two places. Upon inspection at the first place, about 3000 CFT yellow sand was found and from second place about 2000 CFT yellow sand was found. On enquiry, the local people disclosed that at both the places, sand was stored by the petitioner. It was

Patna High Court CR. MISC. No.65861 of 2024(2) dt.27-09-2024 2/3 further alleged that due to the said illicit storage, the government has suffered loss of about Rs.5,31,250/- and the same is payable by the petitioner, Shambhu Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is in custody in connection with this case since 09.07.2024 and the investigation against him is complete.

5. Mr. Jharkhandi Upadhyay, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

6. Having regard to the submission that the appellant surrendered on 09.07.2024 in connection with Rajgir P.S. Case No.630 of 2023 and the investigation against him is complete and he having three criminal antecedents in which he is on bail, his presence may be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate at Biharsharif in connection with Rajgir P.S. Case No.630 of 2023, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.65861 of 2024(2) dt.27-09-2024 3/3

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) durgesh/- U T