Pintu Singh @ Surendra Singh @ Japendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52823 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Pintu Singh @ Surendra Singh @ Japendra Singh Son of Late Tuntun Singh R/O Vill.- Mugaon, P.s.- Koransarai, Dist.- Buxar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Dumraon P.S. Case No. 132 of 2023 dated 19.03.2023, lodged under Sections 399, 401, 402, 467, 468, 120(B), 411, 412, 414, 34 of the Indian Penal Code read with sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner. It has been alleged in the FIR that the police upon secret information, reached at the place of occurrence where 4-5 miscreants fled away, but one accused person has been arrested namely Deepak Kumar who has disclosed the name of other accused persons and arms along with other materials have been recovered from his possession. The said apprehended person has
Patna High Court CR. MISC. No.52823 of 2024(2) dt.31-07-2024 2/3 disclosed the entire modus operandi of the crime.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that nothing incriminating has been recovered from the petitioner's possession nor he was apprehended from the place of occurrence. Counsel submits that the name of the petitioner has been figured in this case only by virtue of confessional statement of the accused person who was apprehended. Counsel further submits that the charge-sheet has already been submitted in this case.
5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there are five criminal cases pending against him in which in all the cases, he is on bail. The petitioner is in custody since 20.03.2023 in the present case. Counsel submits that prior to his arrest, there were two cases pending against him, but after arrest, police has remanded the petitioner in three more cases.
6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean as there are five criminal cases pending against him and this aspect may be taken into consideration while considering the bail application of the
Patna High Court CR. MISC. No.52823 of 2024(2) dt.31-07-2024 3/3 petitioner.
7. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Court No.12, Buxar in connection with Dumraon P.S. Case No. 132 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.
8. Pending cases against the petitioner are as follows:- (I)- Krishnabrahm P.S. Case No. 481 of 2022.
(II)- Maner P.S. Case No. 455 of 2022.
(III)- Dinara P.S. Case No. 76 of 2023.
(IV)- Dumraon P.S. Case No. 94 of 2023.
(V)- Dumraon P.S. Case No. 84 of 2023.
(Dr. Anshuman, J) Divyansh/- U T