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Patna High CourtCR. MISC./49038/2021bail granted

Raj Kishore Singh @ Raj Kishor Singh v. The State Of Bihar

2022-03-23Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49038 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== RAJ KISHORE SINGH @ RAJ KISHOR SINGH Son of Late Anandi Singh Resident of Village - Ganga Chak, P.S. Patepur, Dist. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra, Adv For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Patepur P.S.Case No.14 of 2021, registered for the offence under Sections 147, 148, 149, 341, 342, 323, 379, 307, 504, 506 of IPC.

The prosecution case as per F.I.R is that six unknown miscreants looted the articles of the informant and assaulted with knife. The petitioner alongwith co-accused took the informant at the door of the petitioner and tied his hands and legs. The informant somehow managed to escape from the scene

2/4 and went to the police station. The police went at the door of the petitioner and searched the house and recovered all the articles of the informant. One Manoj Paswan was apprehended from the place of seizure and he disclosed the name of the petitioner as person who fled away after seeing the police personnel. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the name of the petitioner has transpired only on the basis of confessional statement of co-accused, namely, Manoj Paswan. He further submits that one one Laptop has been recovered from possession of the petitioner. He further submits that the recovered Laptop is belonged to the petitioner.

He further submits that in fact other co-accused persons, namely, Ratan Kumar @ Ratan Kumar Singh and Bablu Kumar, are sons of the petitioner and they have been granted privilege of anticipatory bail vide order dated 08.02.2022 in Cr. Misc. No.51814 of 2021 by a Coordinate Bench of this Hon'ble Court and one coaccused, who is also son of the petitioner, namely, Chintu Kumar @ Chintu Kumar Singh has already been arrested. Hence, his prayer for anticipatory bail was dismissed as withdrawn.

3/4 investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 08.04.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Vaishali at Hajipur in connection with Patepur P.S.Case No.14 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T