Shyamsunder Kumar @ Shyamsunder Yadav @ Shyam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65029 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- JADIA District- Supaul ====================================================== SHYAMSUNDER KUMAR @ SHYAMSUNDER YADAV @ SHYAM SON OF TRIVENI YADAV RESIDENT OF KORIYAPATTI, WARD NO.12, P.S. - JADIYA, DISTRICT - SUPAUL, BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Goutam, Adv.
Mr.Somesh Kumar, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jadiya P.S. Case No. 77 of 2022 dated 24.3.2022 registered for the offences punishable u/s 406, 420, 413, 379, 120B read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant along with his two friends went to Jadia for purchasing a golden biscuit. After reaching there, the informant gave Rs. 2,10,000/- to the petitioner in order to purchase the golden biscuit. Further, the petitioner took out Rs. 3,000/- from the pocket of the
Patna High Court CR. MISC. No.65029 of 2023(2) dt.12-10-2023 2/3 informant and the co-accused Vivek Kumar looted three mobiles from the possession of the informant and his friends.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in 8 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.9.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Jadiya P.S. Case No. 77 of 2022 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
Patna High Court CR. MISC. No.65029 of 2023(2) dt.12-10-2023 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T