Shantanu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37627 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- ARARIA District- Araria ====================================================== Shantanu Singh Kailash Singh @Kailash Pati Singh R/o Village Gokul Chock (sant Nagar) ward no 22/35 PS Saharsa Town, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh, Advocate For the Opposite Party/s :
Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Araria P.S. case No. 65 of 2024 instituted for the offences under Sections 395 and 397 of the Indian Penal Code and later on Section 412 of the IPC and Sections 25(1-b)a, 26, 27, 35 of the Arms Act.
3. Prosecution case, in short, is that six unknown miscreants committed dacoity in Axis Bank and looted cash amounting to Rs. 1,00,31,908/- from the cash counter. It is further alleged that the accused persons also took away DVR and CCTV.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.37627 of 2024(3) dt.28-06-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of suspicion merely because of the fact that this petitioner happens to be the employed in the Axis Bank Branch, Araria. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further referring to paragraph no. 85 of the case diary submitted that recovery of looted amount has been made from co-accused Abhinandan Kumar and Manohar prasad. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.02.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner submitted that on the basis of the disclosure made by this petitioner, the looted amount has been recovered from other co-accused.
6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.37627 of 2024(3) dt.28-06-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Araria P.S. case No. 65 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J) Alok Verma/- U T