Prabhat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22747 of 2016 Arising Out of PS.Case No. -35 Year- 2014 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Prabhat Singh Son of Sri Kaushlendra Singh, Resident of village - Jamunipur, Police Station and District-Chandauli (U.P. ) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Nityaand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Durgawati P.S. Case No. 35 of 2014 registered for the offence punishable under Section 394 of the Indian Penal Code. On behalf of the petitioner, it is submitted that first information report is against unknown and during investigation, the name of the petitioner has transpired in the confessional statement of co-accused Ajit Singh and, thereafter, the confessional statement of the petitioner has also been got recorded forcibly, the petitioner is in custody since 01.11.2015 but he has not been put on T.I.P., nothing has been recovered from possession of the petitioner and in this case, similarly situated co-

Patna High Court Cr.Misc. No.22747 of 2016 (2) dt.26-05-2016 2/2 accused Ajit Singh, Muquadar Sah and Mithilesh Kumar Singh have already been allowed bail by another co-ordinate benches of this Court vide Annexure-2 and, as such, the petitioner also deserves sympathetic consideration.

The learned A.P.P submits that it is a case of road robbery.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimpur at Bhabua in connection with Durgawati P.S. Case No. 35 of 2014,ubject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Mishra/- U T