Shubhash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46011 of 2023 Arising Out of PS. Case No.-53 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== SHUBHASH KUMAR SINGH Son of Late Baleshwar Singh Resident of village - Paharpur, P.S. - Baligaon, Distt. - Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code.
3. As per prosecution case, one Barun Kumar was parked his car in front of his house but in the next morning the said vehicle was missing. Barun Kumar, driver of the vehicle also disclosed that as per G.P.S. installed in the vehicle, the said Tata Sumo Gold is in Tajpur. On such information, the informant along with police party reached there and recovered the said vehicle from co-accused Phulendra Kumar Sah and he said that the vehicle was carried from the petitioner for selling at the rate of Rs. 60,000/- out of which he paid Rs. 10,000/- to the
Patna High Court CR. MISC. No.46011 of 2023(2) dt.04-08-2023 2/3 petitioner and rest amount was to be paid after handing over the documents.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the driver of the vehicle in question, who allegedly approached the informant for recovery of the said vehicle is neither a witness of the so called seizure list nor his statement was recorded during investigation, which goes to show that he in order to save his own skin and has falsely implicated the petitioner. No incriminating/stolen article has recovered from the conscious possession of the petitioner and no any evidence has been collected during entire investigation. The name of the petitioner has come into light, on the basis of confessional statement of apprehended co-accused, which has got no evidentiary value in the eyes of law. He further submitted that the co-accused, from whose possession the stolen car recovered has already been granted bail by a Co-ordinate Bench vide order dated 03.05.2017 passed in Cr. Misc. No. 21060 of 2017. He is languishing in judicial custody since 07.06.2023.
5. The application for bail is opposed by learned APP for the State.
Patna High Court CR. MISC. No.46011 of 2023(2) dt.04-08-2023 3/3
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Tajpur P.S. Case No. 53 of 2017.
(Sunil Kumar Panwar, J) arish/- U T