Keshav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45132 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- SANGRAMPUR District- Munger ====================================================== Keshav Kumar Singh S/o Sanjiv Kumar Singh R/o Village Supour PS Sangrampur Distt Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Sangrampur P.S. Case No.224 of 2023 registered for the offence under Sections 457 and 380 of the IPC of the Indian Penal Code.

3.

Allegation against the petitioner is to have taken away rifle, live cartridges and other documents from the house of the informant along with other co-accused persons. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. He further submits that informant's wife contested the election of Mukhiya and in the

Patna High Court CR. MISC. No.45132 of 2024(2) dt.15-07-2024 2/3 said election the family members of the petitioner has not supported the informant's wife due to that inimical terms, the informant falsely implicate the petitioner in the instant case. He next submits that due to election rivalry the petitioner has falsely been implicated in this case. Neither there are any eyewitness to the said occurrence nor any theft articles have been recovered from the possession of the petitioner. Petitioner has named in the FIR in Cr. Misc. No.75168 of 2023 and in Cr. Misc. No. 75676 of 2023, petitioner has not named in the FIR and his name surfaced in this case on the basis of re-statement of the informant. It is submitted that similarly situated coaccused persons have already been granted bail by this Court through Cr. Misc. No.75168 of 2023 and Cr. Misc. No.75676 of 2023 on 26.02.2024. It is further submitted that petitioner is in custody since 27.05.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

From perusal of the FIR, case diary, seizure list and impugned order of the learned Additional District and Sessions Judge-1st, Munger dated 16.05.2024, respectively, it appears that there are no recovery from the conscious possession of the petitioner, accordingly the prayer for bail of

Patna High Court CR. MISC. No.45132 of 2024(2) dt.15-07-2024 3/3 the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Munger / concerned court in connection with Sangrampur P.S. Case No. 224 of 2023.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T