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Patna High Court/35219/2020allowed

Sunil Kumar Singh v. The State Of Bihar

2021-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35219 of 2020 Arising Out of PS. Case No.-375 Year-2019 Thana- PIPRA District- East Champaran ====================================================== Sunil Kumar Singh, Male, aged about 28 years, Son of Ram Naresh Singh, Resident of Village-Bareyee, P.S. Sarai, Dist-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar, Advocate For the State :

Mr.Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Pipra P.S. Case No. 375 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case in brief is that the informant namely Dilip Gupta has given his written report to the police on 29.10.2019 alleging therein that on 26.10.2019, his truck bearing Registration No.RJ-09-GC-1326 loaded with garlic and onion from Ratham M.P. left for Naugawa Assam on 24.10.2019 in order to go to Assam on 26.10.2019 about 09 K.M. Muzaffarpur at about 11 P.M. four unknown miscreants parked their vehicle in front of Truck and miscreants got into the truck and showing gun, tied hand and feets of drivers namely Babulal and Sujan Singh and also covered their mouth and miscreants started driving truck themselves. On 27.10.2019 in the morning,

Patna High Court CR. MISC. No.35219 of 2020(4) dt.22-02-2021 2/2 truck driver Babulal informed on phone that both the drivers had been thrown at different places after robbing the truck. The petitioner has been granted bail by the court below itself vide order dated 10.12.2019 passed in B.P. No.1545 of 2019 arising out Sarai P.S. Case No.375 of 2019. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that nothing has been recovered from possession of the petitioner. There is general and omnibus allegation against the petitioner. The petitioner is not named in the f.I.R. Petitioner is in jail custody since 24.12.2019. Learned A.P.P. for the State opposed the bail petition.

In the facts and circumstances of the case, let the above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Pipra P.S. Case No. 375 of 2019.