Satyam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49422 of 2024 Arising Out of PS. Case No.-494 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== Satyam Kumar Singh S/o- Sanjay Singh Village- Banama, PS-Shahkund, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Shahkund P.S. Case No. 494 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, four unknown miscreants snatched the mobile phone and cash of Rs. 5,000/- from the informant on gun point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessioinal statement of co-accused Dev Kumar Singh which

Patna High Court CR. MISC. No.49422 of 2024(2) dt.19-07-2024 2/2 has no evidentiary value. No T.I parade has been conducted in this case. The petitioner has suo-motu surrendered before the Court below on 20.02.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 23.05.2024 passed in Cr. Misc. No. 38305 of 2024 and by a Co-ordinate Bench of this Court vide order dated 28.05.2024 passed in Cr. Misc. No. 32945 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shahkund P.S. Case No. 494 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T