Abhi Singh @ Dhiraj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39151 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- JAMUI District- Jamui ====================================================== ABHI SINGH @ DHIRAJ SINGH Son of Sudarsan Prasad Singh Resident of Village- Gulani Kushaha, P.S.- Sambhuganj, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narendra Kumar Singh For the Opposite Party/s :
Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 13.10.2020, seeks bail in connection with Jamui P.S. Case No. 137 of 2020, for the offence punishable under Section 392 of the Indian Penal Code.
The prosecution case, in brief, is that on 07.03.2020 at about 4.00 P.M. the informant Bidesh Kumar after withdrawal of Rs. 2,90,000/- from S.B.I., Jamui was returning to his home by Motorcycle bearing registration No. BR-53B-3393, but on the way, in between Simariya and Sonay, three persons riding over Apache motorcycle started chasing him and after
Patna High Court CR. MISC. No.39151 of 2021(2) dt.04-01-2022 2/3 restraining the informant, they looted the bag containing Rs. 2,90,000/- on the point of pistol and knife.
Learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from the possession of the petitioner. He further submits that the name of petitioner surfaced in this case on the basis of confessional statement of co-accused.
Learned A.P.P. for the State, however, opposes the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances of the case and also the fact that petitioner is not named in the F.I.R. his name has surfaced on the basis of confessional statement of co-accused Manaw Singh @ Nayan Singh and there is no allegation of tampering of evidence or influencing the witnesses. This Court directs the petitioner to be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Jamui in connection with Jamui P.S. Case No. 137 of 2020 subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court
Patna High Court CR. MISC. No.39151 of 2021(2) dt.04-01-2022 3/3 concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) 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.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
(Purnendu Singh, J) manish/- U T