Arvind Singh @ Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51563 of 2022 Arising Out of PS. Case No.-119 Year-2022 Thana- DHAKA District- East Champaran ====================================================== ARVIND SINGH @ ARVIND KUMAR SINGH S/o Late Yogindra Singh @ Nanahak Singh R/o village- Dostiya, P.S.- Kundwachain Pur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

As per prosecution case, the informant and his nephew were intercepted and stopped by four miscreants who assaulted them and snatched a mobile phone and Rs. 9000/- from them. Later on, they also looted from another person a motorcycle thereafter the case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the name of the petitioner has been transpired in the present case only on the basis of disclosure made by co-accused namely,

Patna High Court CR. MISC. No.51563 of 2022(2) dt.12-01-2023 2/2 Raju Tiwary. Except confessional statement, nothing has found against the petitioner. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possessions. Moreover, similarly situated co-accused namely, Bachchu Ram has already been granted bail by a different co-ordinate bench of this court vide order dated 01.9.2022 in Cr. Misc. No. 31802 of 2022. The petitioner is languishing in judicial custody since 29.5.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhaka P.S. Case No. 119 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, Motihari, East Champaran.

(Sunil Kumar Panwar, J) amandeep/- U T