Badal Kumar Singh @ Akash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11335 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Badal Kumar Singh @ Akash Son of Santosh Kumar Singh, resident of village - Sayeen, P.S.- Kanti, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Motipur P.S. Case No. 41 of 2020 registered for offence punishable under section 395 of the Indian Penal Code.
The Branch Manager of Bank has alleged that six persons have entered into the Branch. Their faces were covered.
Patna High Court CR. MISC. No.11335 of 2021(2) dt.08-07-2021 2/3 They were all armed and they have taken away cash Rs.13,53,810/-. There is an allegation of abusing and manhandling few customers also.
Petitioner's counsel submits that the petitioner is innocent. He has falsely been implicated in this case on the basis of alleged confessional statement of one co-accused, namely, Rajnish Thakur. The said Rajnish Thakur has been allowed bail in Cr. Misc. No. 5694 of 2021. The petitioner has not been put on T.I. Parade. There is no recovery of any incriminating material from the petitioner or on his any confessional statement. The petitioner is in custody in connection with this case since 28.07.2020. He is stated to be having two criminal antecedents.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur in Motipur P.S. Case No. 41 of 2020, subject to the following conditions:-
Patna High Court CR. MISC. No.11335 of 2021(2) dt.08-07-2021 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) Mahesh/- U T