Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78549 of 2024 Arising Out of PS. Case No.-248 Year-2024 Thana- HILSA District- Nalanda ====================================================== Shubham Kumar S/o- Rajeev Kumar Resident of Village- Kapsiyawan, Ward No. 10, Police Station Hilsa, District -Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hilsa P.S. Case No. 248 of 2024 instituted for the offence under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The case of the prosecution is that the informant runs a dairy outlet. On the date of the occurrence the petitioner along with others went on the outlet and demanded curd. Informant replied that there was no supply of curd. It is alleged that other accused persons assaulted the staff of the informant. There is a specific allegation against this petitioner that he has taken Rs.29,400/- from the cash box.

Patna High Court CR. MISC. No.78549 of 2024(2) dt.29-11-2024 2/2

4. During course of the argument, learned counsel for the appellant has submitted that the petitioner has submitted R.30,000/- as an advance for curd and he was demanding curd. It is also alleged that the curd was being sold by the informant from backdoor and the petitioner was refused to give curd. The petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Hilsa P.S. Case No. 248 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Hilsa (Nalanda) subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) durgesh/- U T