Bachchan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11965 of 2023 Arising Out of PS. Case No.-594 Year-2022 Thana- BARH District- Patna ====================================================== Bachchan Singh Son of Late Bhageran Singh Resident of Village- Alodiya Sarai, P.S.- Manpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 224/34 of the Indian Penal Code. Later on Sections 225, 201, 120B, 211 of the Indian Penal Code has been added.

As per prosecution case, three notorious criminals escaped from the Court custody when they were brought to the Court for appearance by breaking wall of the bathroom of the Hazat. The name of the petitioner transpired during investigation as the accused who helped the prisoners to escape from the Court custody.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and

Patna High Court CR. MISC. No.11965 of 2023(3) dt.26-07-2023 2/3 his name transpired in this case during investigation, on the basis of confessional statement of co-accused Kundan Kumar which has no evidentiary value in the eye of law. It is further submitted that none of the mobile phone, which was investigated by the police belong to the petitioner. The said mobile number belonged to the son of the petitioner namely Sanjeev Kumar, which was used by the co-accused Manish Kumar Singh and Rajnish Kumar Singh in the jail. It is also submitted that escaped under trials Rajnish Kumar Singh and Manish Kumar Singh were killed in the encounter by the police. During investigation, no cogent material has come against the petitioner which shows his complicity in the alleged occurrence.

Other co-accused persons have already been granted bail by a co-ordinate Bench and this Bench vide order dated 18.05.2023 and 17.07.2023 passed in Cr. Misc. No. 22160 of 2023 and 20416 of 2023 respectively. Moreover, the petitioner is languishing in judicial custody since 07.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner

Patna High Court CR. MISC. No.11965 of 2023(3) dt.26-07-2023 3/3 on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 594 of 2022.

(Sunil Kumar Panwar, J) lata/- U T