Rupak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39277 of 2020 Arising Out of PS. Case No.-33 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== Rupak Singh, Son of Chandradeo Singh @ Jiwach Rai, R/o VillageRupaswaj Ward no. 1, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bachhwara P.S. Case No.33 of 2020, G.R. No.620/2020 for the offence punishable under Section 392 of the Indian Penal Code. The allegation is that four persons on two motorcycles have intercepted the informant and looted him of his belonging and cash at pistol point.

Petitioner's counsel submits that even as per the F.I.R., he has not been named. His implication is only on the basis of the confessional statement of co-accused, having no evidentiary value. It is further submitted that in respect of the alleged recoveries made from the petitioner, no seizure list has been prepared in this case. The recoveries have led to lodging of

Patna High Court CR. MISC. No.39277 of 2020(4) dt.08-03-2021 2/3 a separate case i.e., Bachhwara P.S. Case No.36 of 2020, in which he has already been allowed bail in Cr.Misc. No.29217 of 2020. Petitioner is in custody in this case since 19.06.2020. Learned APP for the State, however, submits that since recoveries have not been made from the petitioner, his implication is more than prima facie evidence. Considering the aforesaid submissions as well as the submission of the petitioner's counsel that prior to this case, there is no criminal antecedents, this Court for the present is inclined to allow the prayer.

Accordingly, 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 the learned Chief Judicial Magistrate, Begusarai, in connection with Bachhwara P.S. Case No.33 of 2020, G.R. No.620/ 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to

Patna High Court CR. MISC. No.39277 of 2020(4) dt.08-03-2021 3/3 do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T