Sandeep Singh @ Hariom Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20709 of 2024 Arising Out of PS. Case No.-521 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Sandeep Singh @ Hariom Singh S/o Jitendra Singh Resident of VillagePharhada, P.S.- Barahra, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barhara PS Case No. 521 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, accused persons looted Rs. 29,645/- from the pocket of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He

Patna High Court CR. MISC. No.20709 of 2024(3) dt.19-04-2024 2/3 next submits that the petitioner is not named in the FIR and the FIR is against three unknown persons merely on the basis of suspicion. It is also submitted that coaccused has already granted bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 15399 of 2024. Petitioner is in custody since 31.10.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order , it appears that petitioner is not named in the FIR. There is no any independent eye witness of the alleged occurrence and he has not put on Test Identification Parade, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara PS Case No. 521 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within

Patna High Court CR. MISC. No.20709 of 2024(3) dt.19-04-2024 3/3 a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

8. Further, if the petitioner shall not appear before the learned trial Court for two consecutive dates without any valid reason, the bail bonds of the petitioner shall be cancelled by the trial Court.

(Ramesh Chand Malviya, J) Mayank/- U T