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Patna High CourtCR. MISC./26972/2023allowed

Nagmani Singh v. The State Of Bihar

2023-05-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26972 of 2023 Arising Out of PS. Case No.-103 Year-2021 Thana- PANAPUR District- Saran ====================================================== NAGMANI SINGH Son of Uday Narayan Singh R/o Village - Dumari, P.S.- Taraiya, Dist.- Chhapra (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per prosecution case, on 3.6.2021 at about 1:30 PM, five unknown miscreants armed with pistol entered into the bank and committed dacoity on the point of pistol in which dacoits looted cash of Rs. 1,61,686/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of confession made by coaccused namely, Rajesh Kumar. Neither the petitioner was put on TI parade dill date nor any incriminating article has been

Patna High Court CR. MISC. No.26972 of 2023(2) dt.24-05-2023 2/2 recovered from his conscious possession. Moreover, similarly situated co-accused namely, Dharmendra Tiwari has already been granted bail by a co-ordinate Bench of this Court vide order dated 29.8.2022 passed in Cr. Misc. No. 16693 of 2022 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 28.8.2021.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got several criminal antecedents.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Panapur P.S. Case No. 103 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chhapra.

(Sunil Kumar Panwar, J) Amandeep/- U T