Rajveer Singh @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25963 of 2022 Arising Out of PS. Case No.-110 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== Rajveer Singh @ Chhotu, S/o Sri Anil Kumar Singh, R/o village- Bisha, Balmiki Nagar, P.S.- Balmiki Nagar, District- West Champaran (Batiya), at present Address- Rukanpura Mushhari ke pass, Rental House of Rai Jee, P.S.- Rupaspur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Kumar, Advocate For the Opposite Party/s :
Mr.Mukesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Shastri Nagar P.S. Case No. 110 of 2020 registered for the alleged offences under Sections 392 of the Indian Penal Code.
As per prosecution case, three miscreants entered into jewellery shop of the informant and at gun point, they robbed him of his money, ornaments of silver and gold, Aadhar card, Voter card and Driving License, documents of vehicles and ATM card. The name of the petitioner transpired as an accused
Patna High Court CR. MISC. No.25963 of 2022(4) dt.01-12-2022 2/3 during investigation.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R and he was not apprehended from the spot. Nothing incriminating has been recovered from his conscious possession. No Test Identification Parade has been conducted. No stolen article was recovered from conscious possession of this petitioner. Learned counsel further submits that co-accused Mithilesh Kumar has been granted bail by a Coordiante Bench vide order dated 02.03.2022 passed in Cr. Misc. No. 34094 of 2021 and vide order dated 13.06.2022 passed in Cr. Misc. No. 7492 of 2022. The case of the petitioner is similarly placed. The petitioner was arrested 23.02.2020 and since then he is custody. Charge sheet has been submitted in this case.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that the petitioner is a habitual offender and a large number of cases are pending against him. Having regard to the submission made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet against him, the petitioner above named is directed to be released on bail on
Patna High Court CR. MISC. No.25963 of 2022(4) dt.01-12-2022 3/3 furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Patna in connection with Shastri Nagar P.S. Case No. 110 of 2020, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Gautam/daya U T