Satish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.23372 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- ARER District- Madhubani ====================================================== SATISH KUMAR SINGH Son of Sikandar Singh Resident of Village - Korhiya, P.S.- Jaynagar, Distt.- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-08-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned APP for the State.

Petitioner in the present case is seeking regular bail in connection with Arer P.S. Case No. 17 of 2020 for the offences punishable under Section 394 of Indian Penal Code. He is in custody since 26.2.2020.

Learned counsel for the petitioner submits that as per the prosecution story three miscreants had looted away a motorcycle, mobile and a purse containing Rs. 35000/- and the driving license from the informant.

It is submitted that petitioner has been arrested in

Patna High Court CR. MISC. No.23372 of 2021(2) dt.27-08-2021 2/3 connection this case and he is in custody since 26.2.2020 even though he has neither been identified nor any incriminating material has been recovered from his possession.

It is further pointed out that co-accused from whose confessional statement the name of the petitioner has transpired and another co-accused in this case have been granted bail in Cr. Misc No. 3198 of 2021 and 5681 of 2021 respectively. As regards the two criminal antecedent learned counsel submits that petitioner is on bail in one of the cases while his prayer for bail is pending in another case.

Learned APP for the State has opposed the prayer for bail of the petitioner but considering the facts and circumstances of the present case and the period already spent by the petitioner in jail, this Court directs release of the petitioner on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 3rd, Benipatti, District-Madhubani in connection with Arer P.S. Case No. 17 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C. as under:

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the

Patna High Court CR. MISC. No.23372 of 2021(2) dt.27-08-2021 3/3 above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.