Lalla Singh @ Harsh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13850 of 2021 Arising Out of PS. Case No.-165 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== Lalla Singh @ Harsh Singh (Male) aged about 24 years, Son of Vidya Nath Singh Resident of Village - Jarandih, P.S.- Gaighat, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Smt.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

30-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Katra P.S. Case No. 165 of 2018, registered for the offence under Section 395 of the Indian Penal Code.

As per the prosecution case, on 24.07.2018 at about 8:00 PM, when the informant alongwith his brother-in-law was going to Katara and reached near Sanju Int Udyog Bhatt, five unknown miscreants surround them and on the point of pistol, snatched his motorcycle and mobile phone and Rs. 2,700/- cash from brother-in-law of informant.

Petitioner is not named in the FIR. The name of petitioner has come on the basis of confessional statement of co-

Patna High Court CR. MISC. No.13850 of 2021(2) dt.30-06-2021 2/3 accused Sunil Kumar Singh. No stolen article / incriminating article has been recovered from conscious possession of the petitioner and till date, petitioner has not been put on T.I.P. Petitioner has got clean antecedent and he is in custody since 06.07.2020. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts & circumstances as well as the fact that no incriminating article has been recovered from possession of the petitioner and till date, petitioner has not been put on T.I.P. coupled with the fact that petitioner has got clean antecedent, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV, Muzaffarpur in connection with Katra P.S. Case No. 165 of 2018, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.13850 of 2021(2) dt.30-06-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T