Saurabh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35443 of 2025 Arising Out of PS. Case No.-371 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Saurabh Kumar Singh, S/o- Vinod Singh, Resident of Village - Dhruw Pakari, P.S - Kalyanpur, Dist-East Champaran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the State :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Baikunthpur P.S. Case No. 371 of 2020, dated 17.11.2020, registered for the offences punishable under Sections 392 and 411 of the IPC, 1860.
3. As per allegation, while the informant was going to his home on motorcycle, he was overtaken by three unknown persons and Rs. 20,000/- and one mobile were also snatched by them. The informant has also given mobile number and identification number of the mobile set.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is named in the FIR,
Patna High Court CR. MISC. No.35443 of 2025(2) dt.18-06-2025 2/3 because FIR has been lodged against the unknown persons and no recovery has been made from petitioner. Only material against the petitioner is the confessional statement of co-accused from whom the recovery of the mobile set has been made. As per the confessional statement of the co-accused, he has purchased that mobile set from the petitioner. However, there is no cogent material in support of the prosecution case and the whole case is based only on suspicion.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.35443 of 2025(2) dt.18-06-2025 3/3 satisfaction of learned concerned Court Below, in connection with Baikunthpur P.S. Case No. 371 of 2020, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T