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Patna High CourtCR. MISC./78041/2019allowed

Shravan Kumar Singh v. The State Of Bihar

2019-12-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78041 of 2019 Arising Out of PS. Case No.-227 Year-2019 Thana- GOPALPUR District- Bhagalpur ====================================================== SHRAVAN KUMAR SINGH Son of Vinod Singh Resident of Village - Jhandapur, P.S.- Jhandapur (O.P.), District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 379, 411, 413, 414 and 34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that on 10.07.2019, the worker of his Dhaba were sleeping in the Tyre Shop which is adjacent to his Dhaba at about 3 to 4AM woke up and started raising chor-chor in the meanwhile, the informant and other staff of Dhaba and many Truck Drivers and Khalasi woke up and saw that three persons are trying to escape away from the P.O. upon the Yamaha Crux motorcycle having no number. It is also alleged that all the persons were caught by them who disclosed their names as Sharvan Kumar Singh (petitioner), Feku Paswan and Prince Kumar. It is also alleged

Patna High Court CR. MISC. No.78041 of 2019(2) dt.04-12-2019 2/2 that petitioner escaped from there taking advantage of darkness. It is also alleged that both the accused persons stated that this Yamaha Crux motorcycle is of Sharvan Kumar Singh which he has theft from anywhere and they used to purchase and sale of theft motorcycle.

Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and has been falsely implicated in this case. He submits that the name of the petitioner has come on the confessional statement of coaccused. He submits that nothing has been recovered from his conscious possession, petitioner bears no criminal antecedent, no T.I. Parade has been done and petitioner is in custody since 06.09.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail 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.- 1, Naugachiya in connection with Gopalpur Police Station Case No. 227 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T