Shivam Kumar @ Illu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85968 of 2023 Arising Out of PS. Case No.-612 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Shivam Kumar @ Illu, S/O- Bhola Prasad Singh, R/O Road No.1, Yarpur, Rajputana Back Side Of Kali Bari, P.S.- Gardanibagh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rana Neha Kumari, Advocate Mr. Kameshwar Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Gardanibagh P.S. Case No. 612 of 2023 for the offence registered under Section 414 of the I.P.C.

3. As per FIR, petitioner along with co-accused were caught red-handed by the public when they were fleeing on motorcycle after snatching mobile phone of one Dipendra Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case only on the basis of suspicion. He has further submitted that no recovery has been made from the conscious possession of the petitioner. Petitioner has four criminal antecedent out of which in three cases he is on bail. Petitioner is

Patna High Court CR. MISC. No.85968 of 2023(4) dt.02-02-2024 2/2 in custody since 26.08.2023. Charge-sheet has already been submitted against the petitioner and there is no chance of absconding of the petitioner or tampering with the evidence.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Gardanibagh P.S. Case No. 612 of 2023, subject to the following conditions:-

(1) One of the bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) khushbu/- U T