Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31580 of 2022 Arising Out of PS. Case No.-384 Year-2021 Thana- AMARPUR District- Banka ====================================================== Pawan Kumar Singh Son Of Mahendra Prasad Singh @ Mahendra Mandal R/O Village- Chhoti Jankipur, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2022 Heard Mr. Ajay Mukherjee, learned counsel appearing on behalf of the petitioner and Mr. Uma Shankar Prasad Singh, 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 seeks regular bail in connection with Amarpur P.S. Case No. 384 of 2021, for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case, in brief, is that on 26.07.2021, while informant along with Vijay Paswan was going to Bhagalpur on his motorcycle after collecting Rs. 3,00,000/- from one Kanhaiya Lal Purushottam Das, on the way, three miscreants boarded on Apachy motorcycle overpowered the informant and snatched the money and other belongings.

Patna High Court CR. MISC. No.31580 of 2022(2) dt.30-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the F.I.R. is against unknown. The name of the petitioner surfaced in course of investigation on the basis of confessional statement of Arbind Kumar Yadav. Nothing has been recovered from the possession of the petitioner. He further submitted that three cases are pending against the petitioner and in all he is on bail. The petitioner is in custody since 14.02.2022. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case and period of custody undergone by the petitioner, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 384 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.31580 of 2022(2) dt.30-08-2022 3/3

(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.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T