Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71887 of 2023 Arising Out of PS. Case No.-295 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Shankar Kumar Son Of Suro Yadav R/O Village- Madhura Ward No.7, P.S.- Saur Bazar, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, three persons on a motorcycle came and snatched the informant's mobile and cash of Rs. 29, 956/- and fled away. It is further alleged that when he informant went to the house of accused person he saw that motorcycle which was used in the Crime and the informant told to refund the money then the accused persons assured him that his money will be refunded after some days then this F.I.R. has been lodged.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.71887 of 2023(2) dt.07-11-2023 2/2 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of disclosure by local people. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. He is languishing in judicial custody since 26.06.2023.

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 as well as period of custody, 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 Judicial Magistrate 1st Class, Saharsa in connection with Saur Bazar P.S. Case No. 295 of 2023. (Sunil Kumar Panwar, J) Arish/- U T