Patna High CourtCR. MISC./76832/2023bail granted

Shivjee Kumar v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76832 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- BARABAR TOURIST District- Jehanabad ====================================================== 1.

Shivjee Kumar Son of Nandu Yadav Resident Of Village- Kanhaiya Bigha, P.S.- Bishunganj (O.P.), District- Jehanabad. 2.

Rohit Kumar Son of Shayamdeo Yadav Resident Of Village- Kanhaiya Bigha, P.S.- Bishunganj (O.P.), District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Barabar Prayatan P.S. (Vishunganj O.P.) Case No. 93 of 2023 instituted for the offences under Sections 414, 420, 467, 468 and 34 of the Indian Penal Code.

3. These petitioners were apprehended on the spot with stolen motorcycle.

4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 23.07.2023 and have no criminal antecedent. No specific overt act is alleged against these petitioners and nothing has been recovered from the

Patna High Court CR. MISC. No.76832 of 2023(2) dt.04-12-2023 2/2 possession of the petitioners.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners 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 Barabar Prayatan P.S. (Vishunganj O.P.) Case No. 93 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T