Roshan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47110 of 2023 Arising Out of PS. Case No.-874 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== ROSHAN KUMAR SINGH, son of Late Manoj Singh Village- Garhwa Ward no-5, Ps- Mahe Singhiya Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 874 dated 2022, G.R. No. 5488/ 2022 registered for the offences punishable u/s 392 of the Indian Penal Code.
4. As per the prosecution case, when the informant reached Chhapwa, a vacant DCM truck came from behind and the said truck was parked in front of the informant's truck. Four miscreants came from the truck and three of them entered the
Patna High Court CR. MISC. No.47110 of 2023(2) dt.03-08-2023 2/3 cabin of the driver, pushed the informant beneath the seat. After sometimes both the trucks were brought to bypass road and took the informant in a field, tied the hands, feet and mouth of the informant and kept the informant in custody for one of and half hour. Thereafter, they left the informant and fled away. They also looted Rs. 7000/- and other articles kept in the cabin of the truck.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Surendra Ram. Nothing has been recovered from the possession of the petitioner. The petitioner is accused in one of more case as stated in para 3 of the bail petition. The petitioner is in custody since 20.12.2022.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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
Patna High Court CR. MISC. No.47110 of 2023(2) dt.03-08-2023 3/3 concerned, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 874 of 2022, G.R. No. 5488/ 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T