Patna High CourtCR. MISC./25194/2024bail granted

Sandeep Singh @Hariom Singh v. The State Of Bihar

2024-04-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25194 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Sandeep Singh @Hariom Singh SON OF Jitendra Singh VILLAGEPHARHADA PS -BARAHARA 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.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barhara P.S. case No. 496 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that three unknown miscreants assaulted the informant and snatched his bag containing Rs. 41,860/- alongwith his tab, mobile phone, some job documents etc. and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.25194 of 2024(2) dt.03-04-2024 2/3 transpired in this case on the basis of his confessional statement. No stolen article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.10.2023 and has four criminal antecedents. Co-accused has been granted bail by this Court vide order dated 11.03.2024, passed in Cr. Misc. No. 14612 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barhara P.S. case No. 496 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.25194 of 2024(2) dt.03-04-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manishkumar/- U T