Trilok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2714 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== Trilok Kumar Singh, Son of Raj Kishore Singh, R/O Village- Mangati, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Rahika P.S. Case No. 57 of 2021 registered for the alleged offences under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, four miscreants on two motorcycles looted Rs. 5,98,200/- from a vehicle which was returning to the office after collecting the money belonging to a Private Limited Company. The name of the petitioner transpired as one of the accused persons during investigation. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2714 of 2022(3) dt.02-11-2022 2/3 petitioner is innocent and has been falsely implicated in this case on the confessional statement of co-accused. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his person or possession. The petitioner has not been put to any Test Identification Parade. Even during investigation, no substantive material has come up against the petitioner showing his involvement in the alleged occurrence. Similarly placed co-accused Sonu Kumar has been granted bail by this Court vide order dated 27.09.2022 passed in Cr. Misc. No. 69467 of 2021. The petitioner is in custody since 16.07.2021 and charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail of the petitioner though he concedes that except for confessional statement of the co-accused, nothing material has been found by the investigating agency against this petitioner. Learned APP further submits that the petitioner is having criminal antecedent. Perused the records.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty

Patna High Court CR. MISC. No.2714 of 2022(3) dt.02-11-2022 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Madhubani in connection with Rahika P.S. Case No. 57 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T