Annu Singh @ Rahul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19579 of 2022 Arising Out of PS. Case No.-85 Year-2018 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Annu Singh @ Rahul Singh Son Of Pramod Singh @ Pramod Kumar Singh R/O Village- Sidhighat, P.S.- Town Hajipur, District- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajesh Kumar Singh, Sr. Advocate Mr. Shivanand Singh, Advocate For the Opposite Party/s :
Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-06-2022 Heard Shri Rajesh Kumar Singh, learned Senior Counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
This application for regular bail arises out of Industrial Area P.S. Case No. 85 of 2018, disclosing offence punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner had earlier moved this Court for his release on bail which was rejected by an order dated 12.10.2020 passed in Criminal Miscellaneous No. 4528 of 2020, taking into account his criminal antecedent as disclosed in the application, as well as the fact that the petitioner had failed to disclose his involvement in one more case i.e. Hajipur Town P.S. Case No.
Patna High Court CR. MISC. No.19579 of 2022(4) dt.22-06-2022 2/3 209 of 2019.
The petitioner was not named in the F.I.R. and he has been implicated in the case based on confessional statement made before the police during the course of investigation by one Raj Sagar @ Hanni Singh.
By an order of this Court dated 11.05.2022, a report was called for from the Court below as regards present stage of the trial. A report has accordingly been received from learned A.D.J.-V, Vaishali at Hajipur dated 16.06.2022 from which it transpires that the case is pending for framing of charge and on rejoinder upon a discharge petition on behalf of the co-accused Raj Sagar. The petitioner is in custody since 24.09.2018. Mr. Rajesh Kumar Singh, learned Senior Counsel appearing on behalf of the petitioner has submitted that he has been taken on remand in other cases after his implication in the present case on the basis of confessional statement made before the police.
Be that as it may, considering the fact that the petitioner is in custody since 24.09.2018, and till date even the charge has not been framed, a case for grant of regular bail is made out. This application is accordingly allowed. Let the petitioner, above-named, be released on bail
Patna High Court CR. MISC. No.19579 of 2022(4) dt.22-06-2022 3/3 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only), with two sureties of the like amount, each to the satisfaction of learned Additional District and Sessions Judge-V, Vaishali at Hajipur in Industrial Area P.S. Case No. 85 of 2018. (Chakradhari Sharan Singh, J) K.K.RAO/- U T