Sajan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37822 of 2020 Arising Out of PS. Case No.-233 Year-2019 Thana- KANKARBAG District- Patna ====================================================== SAJAN SINGH, aged about 26 years, Gender-Male, son of Vishwanath Singh, Resident of Village- Tuboliya, P.S. Ramgarwa, District- Motihari. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Pramod Kumar Sinha, Advocate.

For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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

The petitioner seeks bail in a case for the offence registered under Sections 395 and 397 of the I.P.C. The prosecution story, in brief, is that the eight unknown miscreants took away jewellery, cash of Rs. 3.5 Lacs from the wardrobe of the daughter-in-law of the informant and they also took away Rs. 10,000/-, jewellery from the wardrobe of his younger son.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 07.09.2019.

Patna High Court CR. MISC. No.37822 of 2020(2) dt.05-02-2021 2/3 Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade to ascertain his participation in the alleged occurrence. Other co-accused persons have been granted bail by this Bench as well as by another Co-ordinate Benches of this Court vide Cr. Misc. No. 58690 of 2019 under order dated 16.11.2019, Cr. Misc. No. 426 of 2020 under order dated 16.01.

2020 and Cr. Misc. No. 87049 of 2019 under judgment dated 19.03.2020, annexed as Annexures-2,3 and 4 to the present application. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.37822 of 2020(2) dt.05-02-2021 3/3 Judge-XXII, Patna, in connection with Sessions Trial No. 1019 of 2019, arising out of Kankarbagh P.S. Case No. 233/2019. (Sudhir Singh, J) U.K./- U T