Anupam Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75177 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Anupam Shukla Son of Late Jagdeesh Shukla Resident Of Village - Tejpurwa, P.S. - Morhowrah, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Morhowrah P.S. case No. 176 of 2023 instituted for the offences under Sections 341, 323, 384, 379, 504, 506/34 of the Indian Penal Code.

3. The prosecution story, in short, is that the petitioner along with co-accused/Deepak Kumar came at the shop of the Informant and demanded cigarette. When the price for the same was demanded by the Informant, both of them started abusing and damaged the articles of the shop.

4. The specific allegation against the petitioner is of taking out Rs. 12,500/- from the cash-box of the Informant.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.75177 of 2023(2) dt.01-12-2023 2/2 petitioner is an innocent person and has falsely been dragged in the present case. Charge-sheet has been submitted in the present case. He further submits that the co-accused/Deepak Kumar has been granted by the court below itself vide B.P. No. 1076 of 2023. He further submits that general and omnibus allegation has been made against the petitioner. It has further been submitted that the petitioner and the Informant are close neighbors and nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 26.06.2023.

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

7. Considering the entire facts and circumstances of the case and taking into account the period of custody, let the petitioner, abovenamed, 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 Morhowrah P.S. case No. 176 of 2023.

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