Swatantra Pratap Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43409 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Swatantra Pratap Singh S/o Anand Kumar Singh @ Ram Kumar Singh @ Anand Singh R/O VILL - KASAITA, BABHUARA, LODHI, P.S. - JAIDPUR, DIST - BARABANKI, U.P.
... ... Petitioner/s
Versus
The State of Bihar, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Muffasil P.S. Case No. 119 of 2024 dated 09.03.2024 registered for the offence/s punishable u/ss 461, 379 of the Indian Penal Code and later on added sections 420, 467, 468, 120B of the IPC.
3. As per the prosecution case, some unknown miscreants are alleged to have stolen the ATM machine by using a gas cutter machine.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.43409 of 2024(2) dt.02-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the apprehended co-accused Md. Safi. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 30.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, East Champaran, Motihari in connection with Motihari Muffasil P.S. Case No. 119 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without
Patna High Court CR. MISC. No.43409 of 2024(2) dt.02-07-2024 3/3 reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T