Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66892 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Shivam Kumar Son of Bijendra Ram @ Vijendra Ray R/O Vill - Panapur (Dilawarpur), P.S. - Bidupur,Dist. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State as also perused the case diary.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 215 of 2023 instituted for the offences under Sections 399, 402, 414, 467, 468, 471, 120(B) of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.

3. As per prosecution case, information having been received about the accused persons having gathered and planning to give effect to an occurrence, it is stated that a raid was conducted by the police and from the possession of the petitioner, one loaded pistol as well as one live cartridge was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.66892 of 2023(3) dt.21-12-2023 2/2 present case. The petitioner has one criminal antecedent in which he is on bail. The petitioner is in custody since 04.04.2023. Charge-sheet has been submitted in this case. There is no allegation of any specific overt act against the petitioner. Learned counsel for the petitioner further submits that the other co-accused persons, namely, Alok Kumar @ Chhotu and Munna Kumar have been granted bail by a Co-ordinate Bench of this Court vide orders dated 04.08.2023 and 11.10.2023 passed in Cr. Misc. No. 48680 of 2023 and 64203 of 2023 respectively.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the nature of accusation as also the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bidupur P.S. Case No. 215 of 2023. (Rudra Prakash Mishra, J) rishi/- U T