← Library
Patna High CourtCR. MISC./44790/2021bail granted

Shidharth Kumar Singh v. The State Of Bihar

2022-01-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44790 of 2021 Arising Out of PS. Case No.-272 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== SHIDHARTH KUMAR SINGH S/o PRAVIN KUMAR SINGH R/o VILLAGE-BASANTPUR PAKRI, WARD NO. 1, P.S-RIGA, DISTRICTSITAMARTHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2022 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection with Riga P.S. Case no. 272 of 2019 registered for the offence punishable under sections 341, 323, 307 of the Indian Penal Code read with section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is in custody since 4.6.2020 and charge sheet has been submitted. Learned counsel submits that three unknown accused

Patna High Court CR. MISC. No.44790 of 2021(2) dt.04-01-2022 2/3 on a motorcycle tried to snatch bike of the informant but when they failed in their attempt, one criminal fired causing injury to the informant. Learned counsel for the petitioner further submits that FIR is against unknown and name of the petitioner transpired in the case based on confessional statement when he was arrested in Riga P.S. Case no. 32/2020. Learned counsel submits that confessional before the police is not admissible in evidence but under duress petitioner was made to confess that he participated in the occurrence.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody and charge sheet has been submitted and is not named in the FIR, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar, Judicial Magistrate, Ist Class, Sitamarhi/ concerned court in Riga P.S. Case no. 272 of 2019 with condition that petitioner will continue marking his attendance in between 2530 of every month commencing from January, 2022 till framing of the charge, in the event it is reported by local police that petitioner has not marked his attendance in between 25-30 of any of the month till framing of the charge, the learned court

Patna High Court CR. MISC. No.44790 of 2021(2) dt.04-01-2022 3/3 below will forthwith cancel his bail bond.

(Satyavrat Verma, J) s.hassan/- U T