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Patna High CourtCR. MISC./76881/2023allowed

Shivjee Ram @ Chhotu Kumar v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76881 of 2023 Arising Out of PS. Case No.-224 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== SHIVJEE RAM @ CHHOTU KUMAR S/O LATE SHIV CHANDRA DAS R/O VILLAGE- NAWA NAGAR (MAYARAM PETHIYA), P.S- BIDUPUR, DISTT.- VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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, some unknown persons snatched the mobile, cash of Rs. 3,500/- and his vehicle pick-up van from the informant and they tied his hands limbs by gamcha and left him.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.76881 of 2023(2) dt.04-12-2023 2/2 of the petitioner has come into light, on the basis of confessional statement of himself in other case and remanded in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 22.12.2021.

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 C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No. 224 of 2021. (Sunil Kumar Panwar, J) Arish/- U T