Badri Vishal Singh @ Badri Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25670 of 2020 Arising Out of PS. Case No.-372 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Badri Vishal Singh @ Badri Singh aged about 25 years Son of Pramod Narain Singh Resident of Village- Kanhauli Dhanraj, P.S.- Mahua, District- Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Naresh Chandra Verma, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and section 27 of the Arms Act.

Prosecution's case, in brief, is that three unknown accused persons came to the petrol pump of the informant on 4.7.2019 at 2.50 pm and demanded petrol and on demand of money they assaulted the nozzle man and also fired upon him. Accused persons also looted Rs.76243/- from the cash counter and fled away.

Learned counsel for the petitioner submits that save and except confessional statement of co-accused Rajiv Kumar Yadav, no incriminating material has been recovered from the possession of the petitioner. Petitioner has not been put on test identification parade (TIP) till date. FIR has been lodged after three days of the occurrence without explanation. Charge sheet has also been filed in the case. Petitioner has got no criminal antecedent and he is in custody since 4.5.2020.

Patna High Court CR. MISC. No.25670 of 2020(3) dt.23-11-2020 2/2 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 the Chief Judicial Magistrate, Vaishali at Hajipur in Mahua Police Station Case No. 372 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