Patna High CourtCR. MISC./65617/2023allowed

Shivam Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65617 of 2023 Arising Out of PS. Case No.-699 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== SHIVAM KUMAR Son of Shyamal Kishor Mishra Resident of Village - Bhawanipur, Ward No.03, Police Station-Singheshwar, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Rashmi For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 457, 380 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and unknown miscreants is that they entered in the house of the informant and committed theft and took away cash cash and many valuable articles and the petitioner was also apprehended on the spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.65617 of 2023(2) dt.13-10-2023 2/2 present case merely on the basis of suspicion. The petitioner has no concern with the alleged occurrence. No any looted article has been recovered from his conscious possession. It is further submmitted that the petitioner is languishing in judicial custody since 07.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepura P.S. Case No. 699 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 CJM, Madhepura.

(Sunil Kumar Panwar, J) Manishkr/- U T