Shani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72528 of 2019 Arising Out of PS. Case No.-248 Year-2019 Thana- DELHA District- Gaya ====================================================== Shani Kumar, Male, aged about 18 Years, S/o Sri Pankaj Paswan @ Pankaj Kumar, Resident of Mohalla- Budhlal Bhagal Gali, Chotki Delha, P.S.- Delha, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Ranjan Kumar For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Delha P.S. Case No. 248 of 2019 registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.

The prosecution story as per the First Information Report is that the informant alleged that in the night of 30.08.2019/31.08.2019 at about 4.00 O' Clock when the informant got up he saw that two boxes were missing and the valuables kept in the boxes including the cash of the informant was stolen. The informant alleged that two days prior to the

Patna High Court CR. MISC. No.72528 of 2019(2) dt.04-12-2019 2/3 occurrence the petitioner as well as one Akash @ Butta (coaccused) had asked the informant regarding the bricks being brought by the informant for construction of informant's house and informant has raised suspicion against the petitioner and another co-accused.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the petitioner is the neighbour of the informant. Learned counsel further submits that the stolen property has not been recovered from the possession of the petitioner and from perusal of the seizure list it appears that some stolen property has been recovered from near the Railway line. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 31.08.2019.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent, no stolen property has been recovered from possession of the petitioner and he is in custody since 31.08.2019, I am inclined to enlarge the petitioner on regular bail.

Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty

Patna High Court CR. MISC. No.72528 of 2019(2) dt.04-12-2019 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., VIIth, Gaya in connection with Delha P.S. Case No. 248 of 2019.

(Anil Kumar Sinha, J) praful/- U T