Raju Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18158 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== Raju Kumar Singh S/o Baidyanath Singh @ Baidhanath Singh R/o villageMadhepur, P.S.- Dalsingsarai, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ujiyarpur P.S. Case No. 290 of 2020 instituted for the offences under Sections 399, 401 and 402 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 09.12.2020 and charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that police got information that some miscreants have assembled at the hut of Ajay Kumar for committing some offence. The police reached at the said place and on seeing
Patna High Court CR. MISC. No.18158 of 2021(3) dt.30-11-2021 2/3 police, accused persons started fleeing but three accused persons were apprehended and from possession of one of the accused, Santosh Kumar, a country-made pistol and two live cartridges were recovered. It is further alleged that the apprehended accused disclosed the name of this petitioner who fled away on seeing the police.
Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner nor he was arrested from the spot and his name has come based on the confessional statement of the co-accused. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that petitioner has got three criminal antecedents as mentioned in paragraph '3' of the bail application. Further, that a supplementary affidavit has also been filed in which the criminal antecedent as stated in the bail application has been repeated.
Considering the fact that the petitioner is in custody since 09.12.2020 and the charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.18158 of 2021(3) dt.30-11-2021 3/3 satisfaction of learned S.D.J.M., Dalsingsarai, Samastipur in connection with Ujiyarpur P.S. Case No. 290 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. with a condition that the petitioner will have to mark his attendance in the concerned police station on 15th of every month commencing from December, 2021 and in the event it is reported to the learned court below that the petitioner has not marked his attendance on any of the 15th of any of the month, the court below shall be at liberty to cancel his bail bonds. (Satyavrat Verma, J) Rishi/- U T