Bittu Singh @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25111 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- DHANARUA District- Patna ====================================================== Bittu Singh @ Bittu Kumar Son of Ajay Singh Resident of Village- Jalwaiya, P.S.- Kaler, Dist.- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sujata Sinha, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Dhanarua P.S Case No. 31 of 2024 registered for the offences punishable under Sections 406, 420, 467, 468, 379, 471, 120B, 504, 506/34 I.P.C.
3. As per prosecution case, 7-8 persons assaulted the informant and took away golden chain and money on the pretext of selling the vehicle.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in the
Patna High Court CR. MISC. No.25111 of 2024(2) dt.08-04-2024 2/3 FIR whereas the name of the petitioner surfaced on the basis of the confessional statement of co-accused and no recovery from the possession of the petitioner. It is also submitted that petitioner is in judicial custody since 17.01.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Masaurhi in connection with Dhanarua P.S Case No. 31 of 2024.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of
Patna High Court CR. MISC. No.25111 of 2024(2) dt.08-04-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the 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.
(Ramesh Chand Malviya, J) Mayank/- U T