Allowed

Shambhav Kumar v. The State of Bihar

Patna HC23 Jun 2022CR. MISC./13349/2022

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner in a case under Section 395 IPC and Section 27 Arms Act. The Court noted the petitioner was not in the FIR, investigation was concluded with a charge-sheet submitted, and no incriminating material was recovered from him, while a co-accused had already been granted anticipatory bail.

What did the court decide?

Petitioner released on bail with bonds of Rs. 20,000/- and two sureties, subject to conditions including presence in court and no tampering.

Shambhav Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13349 of 2022

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Arising Out of PS. Case No.-349 Year-2020 Thana- BALIYA District- Begusarai

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======================================================

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Shambhav Kumar, Son of Pankaj Singh @ Pankaj Kumar Singh, Resident of Village- Pansalla, Ward No. 13, P.S.- Muffasil Begusarai, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 23-06-2022

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Today this case has been listed on priority basis, on the motion slip filed by the learned advocate on record.

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Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

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Heard Mr. Shanti Bhushan Singh, learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks regular bail, who is in custody in connection with S.T. No. 44 of 2022, arising out of Balia P.S. Case No. 349 of 2020, for the offences punishable under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

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As per prosecution case, it is alleged that on 28.12.2020 when the informant went to buy straw along with Sujit Kumar and Sanjay Mahto from his Pick-Up van, all of a

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Patna High Court CR. MISC. No.13349 of 2022(2) dt.23-06-2022 2/4

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sudden six miscreants intercepted them and on the point of pistol looted Rs.23,000/- and snatched the other valuables and also fled away with the Pick-Up van.

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It is submitted by the learned counsel appearing on behalf of the petitioner that the petitioner is is not named in the F.I.R. and he has been remanded in this case from Patepur P.S. Case No. 179 of 2021. It is further submitted that though the petitioner is in custody since 24.12.2021, but till date he has not been put on Test Identification Parade nor any incriminating material has been recovered from the conscious possession of the petitioner. So far the looted Pick-Up van is concerned, the same has been recovered from the possession of co-accused Anmol Kumar and Prince Kumar Saw. It is also submitted that co-accused Prince Kumar has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 39309 of 2021 vide order dated 10.01.2022. He next submitted that so far the other two criminal cases are concerned, the petitioner is on bail.

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On the other hand, learned APP for the State opposes the bail application and submits that the name of the petitioner has transpired during the course of investigation and he was in touch with co-accused Anmol Kumar, which has also come in

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Patna High Court CR. MISC. No.13349 of 2022(2) dt.23-06-2022 3/4

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the C.D.R.

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Having considered the submissions made on behalf of the parties and taking into consideration the fact that the F.I.R. has been instituted against unknown persons and his name has transpired only on the basis of CDR that he was in touch with co-accused Anmol Kumar and moreover there is no recovery from the person or possession of this petitioner and the petitioner is in custody since 24.12.2021 and the investigation of the crime has already been concluded and charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Begusarai in connection with S.T. No. 44 of 2022, arising out of Balia P.S. Case No. 349 of 2020, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or

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Patna High Court CR. MISC. No.13349 of 2022(2) dt.23-06-2022 4/4

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intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates

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without any cogent reason, his bail bonds will liable to be cancelled.

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(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

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(Harish Kumar, J)

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uday/-

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U T

Shambhav Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shambhav Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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