Milind Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16389 of 2022 Arising Out of PS. Case No.-413 Year-2020 Thana- FALKA District- Katihar ====================================================== MILIND KUMAR SINGH Son of Nirala Singh Resident of VillageDharahra, Naugachia Police Station- Gopalpur, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Falka P.S. Case No. 413 of 2020 for the offences under Sections 392 of the Indian Penal Code.
The allegation in the FIR is that when the informant after collection of Rs. 1 Lakh eight thousand was returning home, the unknown accused persons intercepted him and on the gun point, decamped with the aforesaid amount. Subsequently, one Adway Kumar Singh was apprehended and he confessed his guilt and also named this petitioner as one of the accused in the said looting.
Patna High Court CR. MISC. No.16389 of 2022(3) dt.01-08-2022 2/3 Learned counsel for the petitioner submits that although he has been named by the accused Adway Kumar Singh in the present case, nothing has been recovered from his possession and he has been remanded in this case on 17.03.2021 (as stated in paragraph -1 of the bail application). Considering the fact that the petitioner has been remanded in this case on 17.03.2021, charge sheet stands submitted and as per the statement made in paragraph-8 of the bail application, nothing has been recovered from his possession, this Court is inclined to grant him the privilege of bail subject to certain condition in view of the fact that he has almost half dozen criminal cases registered against him. Let the petitioner be released on bail on furnishing bail bond of Rs.
15,000/- (Fifteen Thousand) with two sureties of like amount each to the satisfaction of ACJM-1st, Katihar in connection with Falka P.S. Case No. 413 of 2020 (G.R. No. 4947 of 2020), subject to the following conditions.
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.16389 of 2022(3) dt.01-08-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station till the conclusion of the trial to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T