Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73409 of 2022 Arising Out of PS. Case No.-212 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== Shivam Kumar Son of Shyamal Kishor Mishra @ Kaushal Mishra Resident of village - Bhawanipur, Ward No.- 03, P.S.- Shinheshwar, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Singheshwar P.S. Case No.212 of 2022 registered for the offence under Sections 457, 459 and 380 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 22.09.2022.

The allegation against the petitioner is to commit theft in the house of informant on the intervening night of 20.09.2022, when informant alongwith his family members were returning from the village fair (mela) on the eve of 'Chhahalum'.

Patna High Court CR. MISC. No.73409 of 2022(2) dt.20-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner was apprehended by private persons i.e. co-villagers, merely on the basis of suspicion while petitioner was returning to his home after attending village fair (mela) at about 3:00 AM. It is submitted that no incriminating material/stolen articles were recovered from the possession of this petitioner. It is also submitted the petitioner is a regular student of B.A. 1st year and out of local disputes and misconception of facts he was apprehended and named in this case having otherwise no incriminating evidence against him. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as petitioner apprehended by private persons, where no incriminating material/stolen articles were recovered from his possession coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to be

Patna High Court CR. MISC. No.73409 of 2022(2) dt.20-03-2023 3/3 released on bail in connection with Singheshwar P.S. Case No.212 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T