Patna High CourtCR. MISC./83037/2024bail granted

Subhash Kumar @ Bolter v. The State Of Bihar

2024-12-04Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83037 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- ROSERA District- Samastipur ====================================================== Subhash Kumar @ Bolter, Son of Dinesh Sahni, R/O -Manglani Chowk Ward No-11, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-12-2024

1. Heard Mr. Shashank Shekhar, learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned APP for the State.

2. The petitioner seeks regular bail in connection with Rosera P.S. Case No. 125 of 2024 dated 08.06.2024 registered for the offence(s) punishable under Section 392 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been made accused mainly on the basis of statement of co-accused Shivam Kumar from whose possession the looted mobile phone was recovered and the said co-accused has been granted bail by the trial court and there is no any incriminating evidence except the statement of co-accused Shivam Kumar against this petitioner. It

Patna High Court CR. MISC. No.83037 of 2024(2) dt.04-12-2024 2/2 is further submitted that the petitioner is a young person, though there is criminal antecedent of one case against him but the same was lodged under the offences of SC/ST Act and he has been languishing in jail since 18.06.2024 and the investigation has been completed against him.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the facts and circumstances of the case as well as above submissions and mainly coupled with the petitioner's young age and completion of investigation against him, this court is inclined to release him on regular bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Rosera P.S. Case No. 125 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T