Bittu Kumar Singh @ Bittu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45367 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== Bittu Kumar Singh @ Bittu Singh Son Of Late Rameshwar Singh Resident Of Village- Harihara, P.S.- Shikarganj, District- East Champaran. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kishore Thakur- Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Chiraiya P. S. Case No.11 of 2020, instituted for the offences under Section 392 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
The learned counsel for the petitioner submits that the petitioner is in custody since 06.02.2021 and charge-sheet has been submitted in the case.
Allegation as alleged in the F.I.R. is that the informant alleges that he is working as Sangam Manager in Bharat Financial Inculation Limited and while the informant along with Rahul Kumar were returning to the office on motorcycle after collecting money from the customers, two unknown miscreants
Patna High Court CR. MISC. No.45367 of 2021(2) dt.05-01-2022 2/3 armed with weapons stopped them near Sikarganj petrol pump and after firing took away the key of the motorcycle and also took Rs.90,000/-, Samsung Tab, Biometric from the dicky of the informant's motorcycle and fled away.
The learned counsel for the petitioner submits that the F.I.R. was against unknown. The name of the petitioner transpired in the confessional statement of Satendra Ram and Chandan Kumar. It is submitted that confessional statement does not have any evidentiary value and the petitioner has been falsely implicated based on the confessional statement. The learned A.P.P. for the State opposes the bail application and submits that petitioner has antecedents as mentioned in Para-3 of the petition.
Considering the fact that the petitioner is in custody since 06.02.2021, charge-sheet has been submitted in the case and his name transpired in the confessional statement of coaccused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-4, Motihari, East Champaran in connection with Chiraiya P. S. Case No.11 of 2020, subject to condition that one of the bailers shall be
Patna High Court CR. MISC. No.45367 of 2021(2) dt.05-01-2022 3/3 Babita Devi the aunt of the petitioner.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T