Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49577 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== Bipin Singh Son of Paras Singh @ Bhirnath Singh Resident of Village - Makari, P.S.- Dhanha, Dist.- West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party :

Mr. Rana Randhir Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner as well learned counsel for the State and perused the case diary. Petitioner is an accused in a case registered for the offence punishable under section 392 of the Indian Penal Code. It is alleged that two miscreants, on the point of a pistol, snatched the bag of the informant containing Rs.30,000/-. Petitioner's name was taken by co-accused Vijay Singh as his associate in the aforesaid offence.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and except confessional statement of co-accused Vijay Singh, there is no material against him. Petitioner has not been put on TI parade and is in custody since 28.6.2019. Similarly situated co-accused Vijay Singh has already been allowed bail by a bench of this Court vide order dated 20.9.2019, passed in Cr.Mis.No. 30280

Patna High Court CR. MISC. No.49577 of 2019(3) dt.06-11-2019 2/2 of 2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 the Additional Chief Judicial Magistrate I, Bagaha at West Champaran in Chattarwa Police Station Case No. 84 of 2019 on the following conditions:-

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

(2) If the petitioner tempers 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) Shashi U T