Raja Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23162 of 2020 Arising Out of PS. Case No.-457 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Raja Singh Son of Ashok Singh Resident of Village, presently-Sahebganj Pratappatti, P.S.-Sahebganj, District-Muzaffarpur, and permanent R/o villageLakhansen, P.S.-Baruraj, District-Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Ganesh Prasad Singh, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner seeks bail in a case registered for the offence punishable under section 395 of the Indian Penal Code. Prosecution's case, in brief, is that when the informant's son was returning to home after closing the shop, at about 11.40 PM accused persons surrounded him and took away Rs.48400/- on the pistol point. Petitioner's name has come in the instant case on his confessional statement. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner's name has come in the instant case on his confessional statement which is of no consequences. He submits that during investigation no material has come against him, save and except his own confession. He is in custody since 2.3.2020. Petitioner

Patna High Court CR. MISC. No.23162 of 2020(2) dt.08-09-2020 2/2 has not been put on test identification parade (TIP) till date Charge sheet has also been filed in the case, as such, there is no chance of tampering with the evidence.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above 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 Additional Chief Judicial Magistrate I, West Muzaffarpur in Sahebganj Police Station Case No. 457 of 2019 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T