Jyoti Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8589 of 2019 Arising Out of PS. Case No.-226 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== JYOTI SINGH (M), aged about 30 years, Gender-Male, Son of Maharana Pratap Singh, R/o village- Nagargama, P.S- Ballia, District-Begusarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Rai Mukesh Sharma, Advocate.
For the Opposite Party :
Mr.Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 23.07.2018 in a case for the offence registered under Sections 394, 302 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that unknown miscreants raided the petrol pump of the deceased and during course thereof, on the pretext of firearm, the miscreants succeeded in snatching of cash from the nozzleman as well as from the cash counter and the deceased, who was sitting near about cash counter, resisted as a result of which, was shot at which proved fatal.
Patna High Court CR. MISC. No.8589 of 2019(3) dt.29-04-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused. No looted article is alleged to have been recovered from possession of the petitioner. Other co-accused have been granted bail by another Co-ordinate Bench of the Court vide Cr. Misc. No. 48634 of 2017 order dated 14.11.2017, Cr. Misc. No. 7185 of 2018 order dated 16.05.2018, Cr. Misc. No. 63537 of 2018 order dated 25.10.2018 and Cr. Misc. No. 39230 of 2018 order dated 26.11.2018. It is further submitted that the petitioner may be released on bail after completion of one year in custody.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. The petitioner has got criminal antecedent.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of one year in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8589 of 2019(3) dt.29-04-2019 3/3 satisfaction of the learned C.J.M., Begusarai, in connection with Begusarai Muffasil P.S. Case No. 226 of 2017 (G.R. No. 1846 of 2017).
(Sudhir Singh, J) U.K./- U T