Binay Kumar Singh @ Binay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13422 of 2024 Arising Out of PS. Case No.-181 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Binay Kumar Singh @ Binay Singh Son of Rajeshwar Singh R/o VillageChhotka Manjha, P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Nautan P.S. Case No. 181 of 2023 registered for the offence under Section 392 of Indian Penal Code.

3. As per allegation in the FIR, it is a case of loot of Rs. 6 lakhs and a mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that petitioner is not named in the FIR. The petitioner is in custody since 10.11.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the FIR, case diary and impugned order dated 23.01.2024, it appears that on the basis of fardbeyan of the informant FIR was registered against unknown persons and the

Patna High Court CR. MISC. No.13422 of 2024(3) dt.18-04-2024 2/2 name of the petitioner surfaced on the confessional statement of co-accused. Nothing has been recovered from the possession of the petitioner, no TIP conducted till date. Investigation is concluded and charge sheet has already been submitted in this case.

7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan in connection with Nautan P.S. Case No. 181 of 2023.

8. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T