Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51489 of 2017 Arising Out of PS.Case No. -524 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Shubham Kumar, S/o Nepu Singh, R/o-Vill-Narhat, PS-Narhat, Distt.- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Nawada Town P.S. Case No. 524/17 for offences punishable under Sections 420/379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had gone to take out money from the ATM along with his daughter, three persons, who came on a car, asked her to first withdraw the money and after withdrawal they snatched her ATM card and Rs. 12,000/- and managed to flee away leaving the car behind.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First

Patna High Court Cr.Misc. No.51489 of 2017 (2) dt.02-11-2017 2/3 Information Report and a compromise has been arrived between the parties, which is also evident from the impugned order passed by the learned court below. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and even in the CCTV footage, it is not evident that as to who out of the three persons, as alleged in the First Information Report, has snatched the ATM card and the money.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No. 524/17, subject to the following conditions :

(i) Both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

Patna High Court Cr.Misc. No.51489 of 2017 (2) dt.02-11-2017 3/3 (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T