Patna High CourtCR. MISC./42771/2023bail granted

Subham Singh @ Pahalwan v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42771 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== SUBHAM SINGH @ PAHALWAN, Son of Subhash Singh Resident of village-Ranipur, P.S.-Jahanganj, District-Ajamgarh (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Dhanaha P.S. Case No. 89 of 2022, Sessions Trial No. 665/ 2022 dated 15.04.2022 registered for the offences punishable u/ss 395 and 120B of the Indian Penal Code.

4. As per the prosecution case, six miscreants boarded on two motorcycles came at the Jewellery shop of the informant and his brother and looted several gold and silver ornaments from both the shops worth Rs. 22 lakhs.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.42771 of 2023(2) dt.20-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused Ashwani Kumar Bharti who has already been granted bail by the Coordinate Bench of this court vide order dated 15.02.2023 passed in Cr. Misc. No. 43105 of 2022. No T.I.P. has been conducted by the prosecution. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 05.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bagaha (West Champaran) in connection with Dhanha P.S. Case No. 89 of 2022, Session Trial No. 665/ 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T