Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30733 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- PIPRA District- East Champaran ====================================================== ANIL KUMAR SINGH Son of Late Saryug Singh Resident of Village - Kudiya, P.S.- Kathaiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2021 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Madan Kumar, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Pipra P.S. Case No. 135 of 2020 registered for the offences punishable under Sections 392, 307 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

The allegation as per the First Information Report is that four miscreants entered into C.S.P. of SBI Branch, near Bakhri Bazar, and on the gun point, looted a sum of Rs.40,000/- , one laptop and Mobile phone etc. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name has transpired on the basis of confessional statement of

Patna High Court CR. MISC. No.30733 of 2021(4) dt.14-12-2021 2/3 co-accused Mani Kumar @ Mani Singh. Learned counsel further submits that no incriminating and/or looted article has been recovered from possession of the petitioner inasmuch as no seizure list has been prepared by the Police during course of investigation. He next submits that the petitioner is in custody since 24.12.2020, but he has not been put on Test Identification Parade up-till now. He also submits that similarly situated coaccused person, namely, Rahu Kumar, has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 30402 of 2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner subject to the following conditions:- i) that the petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below. ii) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cacellation of bail.

Patna High Court CR. MISC. No.30733 of 2021(4) dt.14-12-2021 3/3 Accordingly, let the petitioner, above named, be released on regular bail 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, Motihari, East Champaran, in connection with Pipra P.S. Case No. 135 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T