Pradeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44325 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- DEODHA District- Madhubani ====================================================== Pradeep Kumar Singh, S/o Shri Ram Gulam Singh, R/o village- Sukki, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Soban Asghar, Advocate For the Opposite Party/s :

Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Deodha P.S. Case No. 15 of 2022 registered for the alleged offences under Sections 393, 307 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution case, the petitioner was surrounded by two motorcycle borne miscreants while he was going to his work place and was carrying Rs. 10,000/- in his bag with him. The miscreants tried to snatch the bag and a scuffle ensued and one of the miscreants drew out his pistol and fired

Patna High Court CR. MISC. No.44325 of 2022(2) dt.16-12-2022 2/3 upon him but the shot missed the informant. However, on alarm being raised, persons nearby assembled and the miscreants who was snatching the bag fled away in the fields but the motorcycle borne miscreants was apprehended who is the petitioner of this case.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the possession of the petitioner. Charge sheet has been submitted in this case and the petitioner is in custody since 22.02.2022. Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that the petitioner has got criminal antecedent.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Madhubani in connection with Deodha P.S. Case No. 15 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure

Patna High Court CR. MISC. No.44325 of 2022(2) dt.16-12-2022 3/3 and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/daya U T