Shivendar Singh @ Shibu Singh @ Shivendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56567 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Shivendar Singh @ Shibu Singh @ Shivendra Kumar Son Of Mukesh Kumar Singh R/O Village- Belahi Jay Ram, P.S.- Sahiyara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 162 of 2021 lodged under Sections 394, 412, 414 of the I.P.C.

As per the prosecution case, a criminal case has been lodged against 3 unknown persons having allegation of robbery in which one pulser motorcycle at gun-point along with loot of Rs.27,000/-.

Learned counsel for the petitioner submits that the present case has been filed against the petitioner due to the reason that there are already 7 criminal cases pending against

Patna High Court CR. MISC. No.56567 of 2022(3) dt.15-02-2023 2/3 him in which he is on bail in 4 cases and rest 3 cases, persuading for bail. Counsel submits that petitioner is in custody since 07.07.2022 and charge-sheet has already been filed. He submits that nothing incriminating recovered from the possession of the petitioner. His name has figured in this case by virtue of confessional statement of co-accused and the said accused person who has taken name of the petitioner has been granted bail by the Co-ordinate Bench of this Court which is Annexure-2, page 40 and page 25 in which 4 persons have been granted bail by the Co-ordinate Bench of this Court (Annexure2 series). Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi in connection with Runnisaidpur P.S. Case No. 162 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall

Patna High Court CR. MISC. No.56567 of 2022(3) dt.15-02-2023 3/3 appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T