Satish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22624 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Satish Kumar Singh Son Of Sikandar Singh Resident Of Village- Korhiya, P.S.- Jaynagar, District- Madhubani 2.

Bimlesh Kumar Yadav @ Nepali Son Of Suresh Yadav Resident Of VillageMukhiya Patti, Nagar Palika, P.S.- Dhanusha, District- Dhanusha (NEPAL). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard.

The petitioners seek regular bail in connection with Rajnagar P.S. Case No. 58 of 2020 dated 23.02.2020 corresponding to C.R. I No. 318 of 2020 registered for the offence punishable under section 395 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the scooter of the informant and thereafter they had snatched ornaments etc. from the informant.

The learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in the present case merely on

Patna High Court CR. MISC. No.22624 of 2021(4) dt.07-12-2021 2/3 the confessional statement of the co-accused person namely Abhishek Kumar Yadav. It is further submitted that neither the petitioners have been put on Test Identification Parade nor any incriminating articles have been recovered from them. The petitioners are stated to be languishing in custody since 26.02.2020. It is also submitted that the petitioners are accused in two other cases, but they are on bail in both the cases. Per contra, the learned APP for the State Shri Rajesh Kumar has vehemently opposed the prayer for grant of regular bail, however, he has not denied the fact that a co-accused person, namely, Abhishek Kumar Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 28.10.2021 passed in Cr. Misc. No. 19198 of 2021.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the parity of the case of the petitioners with that of the co-accused person who has already been granted bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioners to the privilege of regular bail.

Patna High Court CR. MISC. No.22624 of 2021(4) dt.07-12-2021 3/3 Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st , Madhubani in connection with Rajnagar P.S. Case No. 58 of 2020 dated 23.02.2020 corresponding to C.R. I No. 318 of 2020 (Mohit Kumar Shah, J) Tiwary/- U T