Vishal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40797 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- ASANWA District- Siwan ====================================================== VISHAL SINGH Son of Surendra Singh R/o Village- English More, P.S.- Mairwa, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Avinash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Asaon P.S. Case No.99 of 2020 for the offence registered under Section 379 of the Indian Penal Code.

The allegation is regarding unknown persons having engaged in committing theft in the house of one Sarveshwar Kumar Pandey and the stolen property was recovered from the co-accused person namely Rangilal Ram who upon being interrogated disclosed the name of the petitioner and one other accused person to be his accomplice.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The leaned counsel for the petitioner has

Patna High Court CR. MISC. No.40797 of 2021(2) dt.03-01-2022 2/3 further submitted that though the petitioner is accused in one other case but he is on bail in the said case. It is also submitted that the petitioner is languishing in custody since 01.02.2021. The learned counsel for the petitioner has next submitted that neither the petitioner has been put on T.I. Parade nor any stolen property has been recovered either from his conscious possession or from his house, hence the allegations levelled against the petitioner are false.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no T.I. Parade has been held so as to connect the petitioner with the alleged crime and moreover the stolen property has also not been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.40797 of 2021(2) dt.03-01-2022 3/3 satisfaction of learned Judicial Magistrate, Siwan in connection with Asaon P.S. Case No. 99 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T