Patna High CourtCR. MISC./6934/2024bail granted

Shushant Kumar @Ghanti Kumar @ Ghantiya v. The State Of Bihar

2024-02-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6934 of 2024 Arising Out of PS. Case No.-252 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Shushant Kumar @Ghanti Kumar @ Ghantiya S/o Kamlesh Poddar R/o Village-Siuri,P.S.- Cheriabariarpur,District- Begusari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Cheriya Bariyarpur P.S.Case no.252 of 2022 registered under sections 379 and 414 of the Indian Penal Code.

3. As per the prosecution case, on information having been received from the two accused persons namely, Shivam Kumar and Darshan Kumar, the informant states that raid was conducted at various places including the houses of the petitioner, however, no incriminating article has been recovered. Various articles from different places were recovered.

4. It is submitted by learned counsel for the petitioner that even as per the FIR the only material against the

Patna High Court CR. MISC. No.6934 of 2024(2) dt.17-02-2024 2/2 petitioner is confessional statement made before the police. Admittedly, no incriminating article was recovered from the petitioner's possession who is in custody since 25.3.2023 and the cause of false implication is his antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., no incriminating article having been recovered from the petitioner's possession and his being in custody since 25.3.2023, the Court directs the petitioner to be enlarged on bail in connection with Cheria Bariyarpur P.S. Case no. 252 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Manjhaul, Begusarai.

(Partha Sarthy, J) Bibhash U T