Shatrughan Kumar @ Shatrudhan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3483 of 2025 Arising Out of PS. Case No.-226 Year-2024 Thana- DULHIN BAZAR District- Patna ====================================================== Shatrughan Kumar @ Shatrudhan Kumar Son of Ramdayal Ray Resident of Sikandarpur, P.S.- Shahpur, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Prasad Yadav, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Dulhin Bazar P.S. Case No. 226 of 2024 dated 05.08.2024 registered for the offence punishable under Section 309(4) but charge-sheet has been submitted under Sections 310(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, that the informant is a Branch Manger of Punjab National Bank, Koraiya Sultanpur, and on the date of occurrence the informant along with their staffs were present in the Bank and in the meantime, four persons barged into cash cabin of the Bank one of them carried arms and also wearing Helmet and Mask over his face and took total cash amount of Rs. 20,48,000/- and thereafter, they fled
2/4 away.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the F.I.R. has been lodged against unknown persons and during investigation, the petitioner has been arrested, who confessed his guilt and that Rs. 28,000/- has been recovered from his house. It is also submitted that the allegation against the petitioner is that his mobile number bearing 8340601779 was used in the said crime. It is submitted that on perusal of the confessional statement of co-accused Ghanshyam Bharti @ Chotan, it appears that he confessed that he obtained this SIM card in the name of the petitioner and he used it as alternative mobile number. It is submitted that neither T.I.P. has been conducted till date nor identification of recovered amount has been made.
It is also submitted that there is no eye witness to the said occurrence and the petitioner has not been identified in the CCTV footage. Lastly, it has been submitted that the petitioner is in custody since 09.08.2024, having two criminal cases against him and charge-sheet has been submitted in the case.
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5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 226 of 2024, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to
4/4 move for cancellation of bail.
5. The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.
(Khatim Reza, J) prabhat/- U T