Patna High CourtCR. MISC./58871/2024bail granted

Chhotu Singh v. The State Of Bihar

2024-08-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58871 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- SONO District- Jamui ====================================================== Chhotu Singh Son of Ramdeo Singh Resident of Village - Bella Manpur, P.S.- Khaira, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sono P.S. Case No. 225 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, when the informant was returning after collecting installment money, three unknown miscreants, on the point of pistol, robbed the informant and fled away with cash and tab from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.58871 of 2024(2) dt.09-08-2024 2/3 the petitioner also submits that the petitioner is not named in the F.I.R. Name of the petitioner has transpired on the basis of confessional statement of co-accused Bipin Kumar Mandal and Manish Kumar and the same has got no evidentiary value. No recovery of robbed article has been made from the possession of the petitioner. No T.I. parade has been conducted in this case. The petitioner has been remanded in this case on 03.06.2024 and has got six criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 02.04.2024 passed in Cr. Misc. No. 22747 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sono P.S. Case No. 225 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.58871 of 2024(2) dt.09-08-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T