Sunil Singh @ Sunil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31728 of 2020 Arising Out of PS. Case No.-243 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== SUNIL SINGH @ SUNIL KUMAR SINGH, S/o Late Ganesh Singh, Resident of Village-Durgapur, P.S.-Katihar Town, District-Katihar ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rohit Kumar Sharma, Adv.
For the Opposite Party :
Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2021 It appears that in the last paragraph of the order, dated 04.12.2020, it has inadvertently been mentioned that "let this case be listed on 19.11.2021 under the appropriate heading" in place of 19.01.2021. Let, in the aforesaid order, it be read as 19.01.2021 in place of 19.11.2021.
The order, dated 04.12.2020, is modified to the extent indicated above.
As prayed for, let the learned counsel for the petitioner remove the defect(s), as point out by the office vide it's note, dated 19.01.2021, within four weeks from today. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks bail in connection with Katihar Muffasil P.S. Case No. 243 of 2019, registered under Sections 392 and 411 of the Indian Penal Code and 25(1-b)A and 26 of the Arms Act.
The accusation is that informant, Prahlad Kumar, and his associate, Rajesh Kumar, being member of group of Canara
Patna High Court CR. MISC. No.31728 of 2020(3) dt.20-01-2021 2/3 Bank for facilitating loan and collecting the loan amount, collected Rs.3,40,000/- on 14.04.2019 from borrowers of Mirchaibari and Badmasi Manihari and the said amount was to be deposited in Canara Bank, Katihar, but, due to late hour Bank was closed, hence, informant, Prahlad Kumar, and his associate, Rajesh Kumar, proceeded boarding on motorcycle through Bhagwanpur Chowk and when reached at Mogra railway crossing, then, three persons boarding on Apache motorcycle tried to made attempt to snatch the bag in which informant and his associate fell down from motorcycle. Out of three persons, one person got got down from motorcycle and snatched bag, thereafter, informant raised alarm.
In the meantime, police patrolling party also came there and started chase of the criminals, who were fleeing away. In course of chase while two succeeded in fleeing away with motorcycle, but, one was caught hold, who disclosed his name Guddu Kumar and snatched bag containing cash was also recovered and he was also found in possession of one pistol and one live cartridge. On query, Guddu Kumar disclosed the names of his two associates as Pintu @ Pandav Singh and Sunil Singh.
Submission is that the name of the petitioner has surfaced in the confessional statement of co-accused, Guddu
Patna High Court CR. MISC. No.31728 of 2020(3) dt.20-01-2021 3/3 Kumar, who is said to be apprehended on chase by the police party with snatched cash bag of the informant, thereafter, the petitioner was apprehended by the police and remanded in this case on 30.10.2019. Further, submission is that co-accused, Pandav Singh, whose name has also come in the confessional statement of Guddu Kumar, has already been allowed the privilege of bail vide Cr. Misc. No. 15169 of 2020 on 07.07.2020. The petitioner is in custody since 20.11.2019 and on investigation the police has already submitted the charge sheet.
Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Katihar Muffasil P.S. Case No. 243 of 2019 to the satisfaction of the Chief Judicial Magistrate, Katihar.
(Rajendra Kumar Mishra, J) Shamshad/- U T