Shyam Sunder Kumar @ Shyam Sunder Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68895 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- JADIA District- Supaul ====================================================== Shyam Sunder Kumar @ Shyam Sunder Yadav, Son of Triveni Yadav, R/o 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, Advocate Mr. Somesh Kumar, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no. 142 of 2023 (arising out of Jadiya P.S. Case no. 175 of 2022) registered under sections 414, 413, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that on receiving information about some stolen motorcycles being parked at the house of co-accused Abhishek Nirala, a raid was conducted. Two motorcycles were found and it is further stated that on inquiry the family members of Abhishek Nirala narrated that four accused persons including the petitioner herein had come on the said two motorcycles.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.68895 of 2023(2) dt.01-11-2023 2/2 from the FIR it would be evident that no incriminating article has been recovered from the petitioner's possession. The name of the petitioner transpired on the statement of the family members of co-accused made before police. The petitioner is in custody since 22.11.2022 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no incriminating article having been recovered from the petitioner's possession who is in custody for more than 11 months since 22.11.2022 and investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 142 of 2023 (arising out of Jadiya P.S. Case no. 175 of 2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII, Supaul.

(Partha Sarthy, J) avinash/- U T