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Patna High CourtCR. MISC./53679/2023allowed

Tej Bali Singh v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53679 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== TEJ BALI SINGH S/o- MAHENDRA SINGH village- Kunj Ps- Bhabua DistKaimur(Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394, 302/34 of the Indian Penal Code and Sections 27, 25(1-b)a, 26, 35 of Arms Act.

3. The prosecution case, in brief, is that while the employees of C.M.S. were feeding amount in ATM of P.N.B., in the meantime, three miscreants started indiscriminate firing due to which gunman of the cash van guard died. The miscreants looted cash of Rs. 13 lakhs and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in

Patna High Court CR. MISC. No.53679 of 2023(4) dt.02-12-2023 2/2 this case on the basis of confessional statement of co-accused Vikky Kumar in which, he stated that he was firing during the incident. No any looted material has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 20.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhabhua P.S. Case No. 19 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhabua at kaimur.

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