Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2441 of 2021 Arising Out of PS. Case No.-134 Year-2020 Thana- MAHESI District- East Champaran ====================================================== ANIL KUMAR SINGH, Son of Late Saryug Singh, Resident of VillageKuriya, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Prosecution case, in brief, is that as per FIR, the informant stating there in that he is presently working in the post of Branch Manager in PNB, Chowk Bazar, Mehsi, East Champaran. On 20.05.2020 usually at 10.00 A.M., the informant opened the bank and the transaction of the bank was running smoothly. Meanwhile, three miscreants entered into the bank from the main door and they all took out pistols in their hands and on the point of pistol began to threat the employees of the bank and customers. Meanwhile, one of them went towards cash counter with pistol in his hand and picked up cash Rs.5,73,674/- on the cash counter and the keys of the strong-

Patna High Court CR. MISC. No.2441 of 2021(7) dt.16-07-2021 2/3 room and safe and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in judicial custody since 22.05.2020. Learned counsel for the petitioner further submits that he has filed supplementary affidavit stating therein that petitioner has got 05 criminal antecedents. There are recovery of Rs.50,000/- and also the key of the bank from the conscious possession of the petitioner. There is no T.I. Parade till date. Similarly situated co-accused has been granted by a co-ordinate Bench of this Court vide order dated 26.02.2021 passed in Cr. Misc. No.38545/2020.

Learned APP for the State opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Mehsi P.S. Case No. 134/2020 to the satisfaction of learned Court below where the case is pending/ successor court; subject to the following conditions:

(1) that one of the bailors will be a close relative

Patna High Court CR. MISC. No.2441 of 2021(7) dt.16-07-2021 3/3 of the petitioner, who will be given an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.

(4) that the petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. However, the learned court below is directed to accept the bail bond of the petitioner, if the charge is framed. (Anjani Kumar Sharan, J) amitkumar/- U T