Rinkal Kumar Singh @ Rinkal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26165 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Rinkal Kumar Singh @ Rinkal Singh, Male, aged about 25 years, Son of Late Dinesh Singh @ Late Deenesh Singh, Resident of village - Jagdishpur, P.S. - Nautan, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hathua P.S. Case No. 02 of 2024 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown persons who at gun point looted Rs. 50,735/-, samsung company tablet and mobile from the informant.

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 only on the basis of suspicion. He further submits that the petitioner has neither arrested at the spot nor anything has been recovered from his conscious possession. There is no any eye witness of the

Patna High Court CR. MISC. No.26165 of 2024(2) dt.26-04-2024 2/3 occurrence. The petitioner has been made accused only on the basis of confessional statement of Bittu Baitha. Petitioner has not put on Test Identification Parade. Petitioner has got no criminal antecedent as stated in para 3 of the petition is in custody since 15.01.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned VIth Additional Sessions Judge, Gopalganj dated 16.02.2024, it appears that the seized articles have been recovered from the co-accused Guddu Baitha. The name of the petitioner has been surfaced only on the basis of confessional statement of co-accused and there is no any independent witness of the seizure list, 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 Additional Chief Judicial Magistrate-X, Gopalganj in connection with Hathua P.S. Case No. 02 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of

Patna High Court CR. MISC. No.26165 of 2024(2) dt.26-04-2024 3/3 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.

(Ramesh Chand Malviya, J) Anand Kr.

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