Shailendra Kumar @ Shailendar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71226 of 2023 Arising Out of PS. Case No.-324 Year-2023 Thana- DHAKA District- East Champaran ====================================================== 1.
Shailendra Kumar @ Shailendar Son Of Vigan Rai @ Vigan Yadav Resident Of Village - Nonaura, P.S. - Ghorashahan, District - East Champaran 2.
Kunal Kumar Son Of Motilal Ram Resident Of Village - Nonaura, P.S. - Ghorashahan, District - East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
3. As per allegation in the FIR, informant runs CSP Center of State Bank of India at Narkatiya, and on 15.6.2023, while he was working, four miscreants on two motorcycle came to center and snatched Rs. 32,000/- from cash counter, several Aadhar Cards and Voters ID cards and thereafter, they fled away giving him threatening to face dire consequences. It is further alleged that Voter ID card of informant and cash of Rs. 5500/-
Patna High Court CR. MISC. No.71226 of 2023(3) dt.30-01-2024 2/3 were recovered from petitioner no. 1 and Aadhar of the informant was recovered from petitioner no. 2.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Neither the petitioners were named in the FIR nor put on TIP. There is no eye witness of the alleged occurrence. The cash whatsoever has been recovered from petitioner no. 1 is his personal property. Recovered item has not been identified by the informant. Petitioners were arrested in Dhaka P.S. Case No. 344 of 2023 and from that case remanded in the present case, showing the false recovery from their possession. This case is triable by learned judicial magistrate. Petitioner is languishing in judicial custody since 10.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarhana at Dhaka, East Champaran in connection
Patna High Court CR. MISC. No.71226 of 2023(3) dt.30-01-2024 3/3 with Dhaka P.S. Case No. 324 of 2023.
(Sunil Kumar Panwar, J) sushma/- U