Patna High CourtCR. MISC./47285/2024bail granted

Swatantra Pratap Singh v. The State Of Bihar

2024-07-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47285 of 2024 Arising Out of PS. Case No.-160 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Swatantra Pratap Singh Son of Anand Kumar @ Ram Kumar Singh Resident of Vill- Kasayeta, P.S.- Zaidpur, District- Barabanki (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya P.S. Case No. 160 of 2024 dated 09.03.2024 registered for the offences punishable under sections 461 and 379 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants are alleged to have committed theft of Rs. 10,20.700/- from the ATM card after cutting the machine with Gas Cutter.

Patna High Court CR. MISC. No.47285 of 2024(2) dt.24-07-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case on the basis of confessional statement of co-accused Md. Safi. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has antecedent of four criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 09.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 160 of 2024, with a condition:- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.47285 of 2024(2) dt.24-07-2024 3/3 (ii) If the petitioner is found involved in similar nature of offence in future, his bail bonds are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T