Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7990 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- MAHESI District- East Champaran ====================================================== Anil Kumar Singh Son of Late Saryug Singh R/O Village- Kudiya, P.S.- Kathaiya, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma Mr.Abhishek For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

16-04-2021 Heard learned counsel for the parties through virtual mode.

The petitioner seeks bail in Mehsi P.S. Case No. 125 of 2020, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants, riding on a motorcycle, intruded into the CSP centre and on the point of pistol, looted Rupees sixty thousand from the counter of the centre, Rupees twenty thousand from the pocket of the informant and two mobile phones were also taken away by the accused persons.

Petitioner is not named in the FIR. Name of the petitioner transpired on the basis of confessional statement of co-accused Mani Kumar. It is further submitted that no

Patna High Court CR. MISC. No.7990 of 2021(2) dt.16-04-2021 2/2 incriminating article has been recovered from the possession of the petitioner and till date, petitioner has not been put on T.I.P. Petitioner is in custody since 09.06.2020.

Considering the fact that no looted article has been recovered from the possession of the petitioner and till date, petitioner has not been put on T.I.P., the bail application of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Mehsi P.S. Case No. 125 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T