Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78972 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Shivam Kumar Son of Sanjiv Kumar @ Sandip Kumar Thakur Resident of Buari, ward no 5, PS- Dagarua, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dagarua P.S. Case No. 214 of 2024 instituted for the offences under Section 317(5) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
3. Prosecution case, in short, is that police during vehicle checking apprehended one person (petitioner) with motorcycle but he failed to produce the document regarding the motorcycle.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.78972 of 2024(2) dt.11-11-2024 2/2 petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered motorcycle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.07.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Dagarua P.S. Case No. 214 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T