Binod Kumar Singh @ Babu Saheb @ Pahalwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58853 of 2021 Arising Out of PS. Case No.-56 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== BINOD KUMAR SINGH @ BABU SAHEB @ PAHALWAN S/o ASHOK KUMAR SINGH R/o VILLAGE-DURGA NAGAR CHAKSAKRA, P.SSADAR HAJIPUR, DISTRICT-VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 22.02.2021, seeks regular bail in connection with Bidupur P.S. Case No. 56 of 2021 registered for offences punishable under Section 395 of the Indian Penal Code subsequently added Section 412 of IPC. Prosecution story in brief is that on 28.01.2021 at about 12:20 p.m., dacoity was committed at Kanchanpur Branch of Axis Bank in district Vaishali. Six miscreants had entered into the branch by covering their face by mask or by wearing helmet and took out Rs. 26,54,430/- from cash counter, Rs. 6880/- from

Patna High Court CR. MISC. No.58853 of 2021(2) dt.27-04-2022 2/3 Agree counter and also looted Rs. 18,00,000/- from the vault of the said bank.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the FIR, his name has surfaced on the basis of confessional statement of one coaccused Gautam Chaudhary. Till date, petitioner has not been put on T.I.P. Simply because several cases are pending against the petitioner, he has been roped in the present case. Petitioner is in custody since 22.02.2021.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submits that several cases of similar nature are pending against the petitioner. It will not be in the interest of society or public at large to release the petitioner, who has been implicated in the present case for bank dacoity in day light.

Having considered the rival submission of the parties as well as the allegation made in the FIR, the petitioner is habitual and is involved in several cases, I am not inclined to enlarge the petitioner on bail at this stage. The trial Court is directed to conclude the trial expeditiously.

If no substantial progress takes place in conduct of

Patna High Court CR. MISC. No.58853 of 2021(2) dt.27-04-2022 3/3 trial, the petitioner, if so advised, may renew his prayer for bail. Superintendent of Police, Vaishali is directed to produce all the prosecution witnesses on the date fixed by the trial Court without fail.

A copy of this order may be communicated to the Superintendent of Police, Vaishali.

Accordingly, the present bail application is dismissed. (Purnendu Singh, J) Niraj/- U T