Patna High CourtCR. MISC./72498/2022allowed

Shiva Kumar v. The State Of Bihar

2023-05-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72498 of 2022 Arising Out of PS. Case No.-366 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Shiva Kumar S/O Devendra Ravidas @ Debendra Ravidas R/O VillageGandhi Nagar, Dhobi Ghat, P.S.- Moffasil, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 394 of the Indian Penal Code.

It is a case of dashing the informant, as a result of which, five fingers of the right leg of the informant got chopped. The accused persons also roobed the mobile phone of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.72498 of 2022(3) dt.22-05-2023 2/2 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 11.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Railway Magistrate, Gaya in connection with Gaya Rail P.S. Case No. 366 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T