Babban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50503 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== BABBAN SINGH, aged about 44 years, Male, Son of Ram Chandar Singh Resident of Village- Bilari, P.S.- Karahgar, District- Rohtas at Sasaram. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Surya Swetabh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Dehri Town (Dalmiya Nagar) P.S. Case No. 251 of 2018 registered under Sections 379 of the Indian Penal Code.

From the statements made in paragraph 7, 8 & 9 of the present application, learned counsel for the petitioner has submitted that in respect of the same motorcycle which was recovered in connection with investigation of another case, Dehri Town P.S. Case No. 481 of 2018 was registered on the basis of the confessional statement of the co-accused Kally Khan alias Firoz Khan. This petitioner was also made accused. In the said case, the petitioner has been granted privilege of anticipatory bail in Cr. Misc. No. 66026/2018. Learned counsel

Patna High Court CR. MISC. No.50503 of 2019(3) dt.25-10-2019 2/2 submits that the present case has been lodged by the informant with respect to the stealing of the same motorcycle. Learned A.P.P. for the State is present and accepts the factual position as narrated by learned counsel for the petitioner. In the given facts and circumstances of the case where for the same motorcycle another case being Dehri P.S. Case No. 481/2018 has been registered and the petitioner has been made one of the accused and in the said case he has been granted privilege of anticipatory bail, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Dehri, in connection with Dehri Town (Dalmiya Nagar) P.S. Case No. 251 of 2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T