Anshu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24031 of 2020 Arising Out of PS. Case No.-483 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== ANSHU SINGH S/o Shivchandra Singh Resident of Village- Gangapipar, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Chiraiya P.S. Case No. 483 of 2019, registered for the offence punishable under Section 395 of the Indian Penal Code and section 27 of the Arms Act. As per prosecution case, on 11.10.2019, the informant withdrew Rs. 2,06,000/- from the account and there was RS. 29,000/- damaged notes in his bag from before. When he proceeded at 3.15 'O' clock for village Beriahi with total Rs. 2,35,000/- by his motorcycle, on the way six criminals came on motorcycle and snatched his bag of cash on the point of gun and after making firing fled away.

Patna High Court CR. MISC. No.24031 of 2020(3) dt.19-10-2020 2/3 It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the confessional statement of co-accused Jitendra Kumar. No incriminating article has been recovered from possession of this petitioner. Save and except confessional statement of co-accused, there is no material against this petitioner. No test identification parade has been held till date. Petitioner has been remanded in this case from another case on 04.02.2020.

Considering the facts and circumstances of the case and materials available on record, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sikarahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 483 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.24031 of 2020(3) dt.19-10-2020 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T