Patna High CourtCR. MISC./76854/2023bail granted

Shivam Kumar @ Chhotu v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76854 of 2023 Arising Out of PS. Case No.-581 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== Shivam Kumar @ Chhotu Son Of Shambhu Singh @ Shambhu Kunwar Resident Village - Ward No.13, Kusmari, P.S. - Riga, District - Sitamarhi ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ayush Kumar, Advocate For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Riga P.S. case No. 581 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that two unknown accused persons took away cash and belongings of the informant and fled away.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.06.2023 and has two criminal antecedents. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the

Patna High Court CR. MISC. No.76854 of 2023(2) dt.04-12-2023 2/2 petitioner has transpired during the course of investigation. There is no T.I.P to ascertain participation of the petitioner in the case. Co-accused namely Md. Ishteyak @ Pahariya has been granted regular bail by the Court below.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Riga P.S. case No. 581 of 2022.

(Rudra Prakash Mishra, J) Pankaj/- U T