Shubham Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3581 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Shubham Raj Son of Pramod Prasad Resident of Village- Nayagaon, PsKesariya, Distt- East Champaran .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chhatauni P.S. Case No. 517 of 2023, instituted for the offences punishable under Sections 394, 414, 120(B) of the Indian Penal Code and Sections 25(1-b)a/9/26 and 35 of the Arms Act.

3. The prosecution case, in short, is that on secret information, police raided the place of occurrence. Seeing the police party, the accused persons tried to flee away but three of the accused persons, including this petitioner, were apprehended. On search, a dagger knife lashed with small torch, mobile phone and one motorcycle was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.3581 of 2024(2) dt.29-01-2024 2/2 present case. The petitioner has no any criminal antecedent as has been stated in paragraph no. 3 of the present bail application. Learned counsel further submitted that the recovered motorcycle was purchased in the name of his father whereas the recovered mobile phone was purchased in the name of his mother. The petitioner is languishing in judicial custody since 15.10.2023. No incriminating material has been recovered from the conscious possession of the petitioner.

5. Learned APP 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, taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chhatauni P.S. Case No. 517 of 2023 (Rudra Prakash Mishra, J) Rajorshi/- U T