Ajad Singh @ Raushan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55090 of 2025 Arising Out of PS. Case No.-70 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== Ajad Singh @ Raushan Singh S/o- Prakash Singh @ Om Prakash Singh @ Omprakash Sinh Village- Nayaka Barka Baiju Tola Ps- Rivilganj Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 356, 382, 34 of the Indian Penal Code.
3. The case of the prosecution is that the informant who works as a delivery boy, was about to deliver a parcel when three accused persons came on a motorcycle and snatched his mobile along with delivery bag containing various shipments worth Rs. 39528/-.
4. Learned counsel for the petitioner submits, at the outset that the first information report was lodged against three unknown miscreants and the name of the petitioner has transpired subsequently during the course of investigation on the basis of the confessional statement of one Shiva Singh recorded
Patna High Court CR. MISC. No.55090 of 2025(3) dt.15-11-2025 2/3 in paragraph-13 of the case diary who has accepted his complicity along with the petitioner. It has been submitted that barring the said confessional statement of co-accused made before the police which has no evidentiary value, there is virtually no other material to connect the petitioner to the present case. It has also been submitted that it is only on account of his criminal antecedents that he has been remanded in the present case also as an accused whereas there has been no recovery from his possession and he is languishing in custody since 15.03.2021 with no substantial progress in the case.
5. Learned APP for the State has opposed the application for bail on other grounds including the fact that the petitioner is an accused in 16 cases. However, it is submitted that out of the said cases, the petitioner has already been acquitted in at list six cases and is on bail in few of the cases.
6. By an earlier order, stage of the trial had been called for and the same discloses that while charges were framed in this case way back in the year 2022, the case is still pending at the stage of evidence and despite issuance of summons for the persons of the witnesses, till date no witness has been examined.
7. Considering the above-mentioned facts and
Patna High Court CR. MISC. No.55090 of 2025(3) dt.15-11-2025 3/3 circumstances and also considering the long period of custody of the petitioner on the basis of the only material of confessional statement of co-accused before the police and also taking into consideration the stage of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rivilganj P.S. Case No. 70 of 2020, subject to the conditions that: (I) One of the bailors would be the family member or relative.
(II) The petitioner would appear physically on each and every date in the learned court below and would cooperate in the conclusion of trial and if the petitioner does not appear on two consecutive date without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J) devendra/- U T