Prashant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28550 of 2018 Arising Out of PS.Case No. -23 Year- 2018 Thana -RUPASPUR District- PATNA ====================================================== Prashant Singh Son of Rajesh Singh Resident of Village - Chistipur, Police Station Chandi, District Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Kumar Ranjit Ranjan For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rupaspur P.S. Case No. 23 of 2018 for offences punishable under Sections 412, 468, 471 and 420/34 of the Indian Penal Code. The allegation is regarding the Police having raided the house of one Jitendra Chaudhary, which had been taken on rent by the main accused person namely Subodh Singh, and upon the confessional statement of Subodh Singh to the effect that the articles of loot were kept in the said house, a raid was conducted by the Police, whereupon about 15 kgs. of gold jewelry and other articles were recovered from the said house and the petitioner was arrested from the said house.

The learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.28550 of 2018 (2) dt.10-05-2018 2/3 petitioner has got no connection with the alleged occurrence and he was merely a visitor in the said house, hence he cannot be connected with the alleged occurrence. It is further submitted that the main culprit is the aforesaid Subodh Singh, who is in custody, hence no prejudice would be caused if bail is granted to the petitioner herein. It is further submitted that apart from another case arising out of the same transaction, the petitioner has a clean antecedent. Lastly, it is submitted that the petitioner is languishing in custody since 21.1.2018 and is ready to abide by whatever conditions which shall be imposed by the Court.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bon of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd Danapur, Patna in connection with Rupaspur P.S. Case No. 23 of 2018. It is directed that the petitioner would mark his presence before the Officer In-Charge of the concerned Police Station at 10 A.M. on each and every Monday of the month and on account of his failure on three consecutive occasions to mark his attendance, the present privilege of bail shall stand cancelled automatically.

Patna High Court Cr.Misc. No.28550 of 2018 (2) dt.10-05-2018 3/3 before the learned trial court on each and every date fixed in the case and if there are two consecutive defaults in his attendance, the privilege of bail shall stand withdrawn and petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) S.Sb/- U T