Pravesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62831 of 2021 Arising Out of PS. Case No.-87 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== PRAVESH SINGH S/o Shiv Nandan Singh Resident of Village - Basgara, P.S. - Korha, District - Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 31.03.2020, charge-sheet has been submitted and has antecedent of seven cases.

The informant alleges that on 01.04.2019 while he was returning from Katihar by the motorcycle along with cash of Rs.50,000/- which was kept in the dickey of the motorcycle he was intercepted by three unknown criminals and on the point of pistol looted him of Rs.40,000/- and fled away from the place of occurrence.

Patna High Court CR. MISC. No.62831 of 2021(3) dt.09-05-2022 2/3 Learned counsel for the petitioner submits that the FIR was against unknown and the name of this petitioner transpired in the confessional statement of co-accused Sanoj Kumar Mandal which has no evidentiary value. Learned counsel submits that despite in custody the petitioner was never put on T.I. Parade nor any incriminating article was recovered from his possession.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 31.03.2020, charge-sheet has been submitted, was not put on T.I. Parade nor any incriminating article was recovered from the possession of the petitioner connecting him with the offence, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Katihar Mufassil P.S. Case No. 87 of 2019, subject to the condition that one of the bailors shall be the father (Shiv Nandan Singh) of the petitioner and further if the learned court below comes to a conclusion that the petitioner after his release is trying to delay the trial then in that event the learned court

Patna High Court CR. MISC. No.62831 of 2021(3) dt.09-05-2022 3/3 below shall forthwith cancel the bail bond of the petitioner by recording reasons.

(Satyavrat Verma, J) Kundan/- U T