Abhyas Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54128 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== ABHYAS SINGH SON OF RAMASHISH SINGH R/O VILLAGE- KUDWA MATIA, P.S.- KUMARBAGH O.P., DIST.- WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lal Babu Singh, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, six accused persons on three motorcycles on the point of arms are said to have dispossessed the informant of his motorcycle, mobile phone and Rs. 10,000/- in cash.

It is submitted by learned counsel for the petitioner that the FIR was registered against six unknown. The name of the petitioner transpired in course of investigation in the statement of co-accused Kundan Kumar Pandey made before police and allegedly the petitioner was found using the stolen mobile phone. Contrary to the allegation no incriminating article

Patna High Court CR. MISC. No.54128 of 2021(3) dt.20-04-2022 2/2 has been recovered from the petitioner's possession. Inspite of being in custody since 8.1.2021 the petitioner has not been put on T.I. parade and charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation, the petitioner having remained in custody for more than 1 year 3 months and charge sheet having been submitted in the case without putting the petitioner on T.I. Parade, the Court directs the petitioner to be enlarged on bail in connection with Chanpatia P.S. Case no. 28 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah.

(Partha Sarthy, J) Prakash/- U