Nayan Singh @ Manav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22747 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- SONO District- Jamui ====================================================== Nayan Singh @ Manav S/o Praduman Singh @ Parduman Singh @ Pradumya Singh R/o Vill - Singarpur, P.S. - Khaira, Dist. - Jamui ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dipak Kumar For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sono P.S. case No. 225 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution allegation, in short, is that, when the informant was returning after collecting installment money, three unknown miscreants, on the point of pistol, robbed the informant and fled away with cash and tab from his possession.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.07.2023 and has 6 criminal antecedents. The petitioner is not named in the FIR. He has no concern with the alleged occurrence and nothing incriminating
Patna High Court CR. MISC. No.22747 of 2024(2) dt.02-04-2024 2/3 article has been recovered from his conscious possession. The name of the petitioner has transpired only on the basis of the confessional statement of the co-accused namely, Bipin Kumar Mandal. He further submitted that no T.I.P. has been conducted as yet. Charge-sheet has been submitted in this case. Other coaccused has been granted bail by this Court by order dated 21.12.2023, passed in Cr. Misc. No. 81056 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sono P.S. case No. 225 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.22747 of 2024(2) dt.02-04-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) manishkumar/- U T