Bankey Singh @ Banke Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36821 of 2022 Arising Out of PS. Case No.-272 Year-2021 Thana- AMARPUR District- Banka ====================================================== BANKEY SINGH @ BANKE SINGH Son of Bhutta Singh @ Bibhuti Singh @ Vibhuti Prasad Singh Resident of Village-Kathal, Police Station-Amarpur, District-Banka.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 392 and 411 of the Indian Penal Code, in connection with Amarpur P.S. Case No. 272 of 2021.

As per the prosecution story, the informant has alleged that while he was moving from Sultanganj to Katua (West Bengal) after loading mangoes, he was intercepted by the accused persons and took away Rs. 9000/- as also two mobiles on the point of pistol besides his silver chain. In the meantime, as the accused persons detained some other vehicle, the

Patna High Court CR. MISC. No.36821 of 2022(2) dt.23-09-2022 2/3 informant skipped away from the place and informed the police and the promptaction of the police led to arrest of one accused person, Pankaj Kumar Sah. He named the present petitioner as the person who escaped from the occurrence amongst the other. Learned counsel for the petitioner submits that his name has come in the confessional statement of apprehended person Pankaj Kumar Sah and despite his custody since 27.1.2022, no T.I. Parade has been conducted nor anything has been recovered from his conscious possession. Considering the fact that he is in custody since 27.1.2022, no T.I. Parade has been conducted nor anything has been recovered from his conscious possession and his name has come in the confessional statement of co-accused, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-III, Banka, in connection with Amarpur P.S. Case No. 272 of 2021 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.36821 of 2022(2) dt.23-09-2022 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T