Shubham Kumar Suman @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67849 of 2022 Arising Out of PS. Case No.-350 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Shubham Kumar Suman @ Sonu Kumar S/o Late Santosh Kumar Suman R/v- Meeragarh Ward No 6, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Murliganj P.S. Case No. 350 of 2022 registered for the offence under Section 395 of the Indian Penal Code (for short 'I.P.C.'). The accused/petitioner is not named in the F.I.R. and is in custody since 01.08.2022.
The allegation against the petitioner is to commit docoity in the house-cum-shop of the informant alongwith other co-accused persons and while committing so taken away cash of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand) alongwith one android Vivo mobile from the shop of the informant.
Patna High Court CR. MISC. No.67849 of 2022(2) dt.15-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced during the course of investigation, receiving a secret input as provided by police spy. It is further submitted that no incriminating material recovered from this petitioner in furtherance of that secret input/self-confession, which may incriminate petitioner with present occurrence of docoity. It is also pointed out that no TIP was conducted, as yet. It is also submitted that similarly situated co-accused person, namely, Sanjiv Kumar has already granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 68960 of 2020 vide order dated 27.02.2023. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP for the State opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as no incriminating material recovered during the course of investigation which may connect this petitioner, prima facie, with present occurrence of docoity coupled with the fact that charge-sheet has already been submitted, let the petitioner,
Patna High Court CR. MISC. No.67849 of 2022(2) dt.15-03-2023 3/3 above named, is directed to be released on bail in connection with Murliganj P.S. Case No. 350 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 learned Chief Judicial Magistrate, Madhepura/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T