Binay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57267 of 2023 Arising Out of PS. Case No.-210 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== Binay Singh Son of Devendra Singh R/o vill - Yado Pipra, P.S. - Hathwa, Distt. - Gopalganj ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Prasad Bhakta, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Mirganj P.S. Case No. 210 of 2021 registered for the offences punishable under Sections 379 of the Indian Penal Code. He has got no criminal antecedent.
3. As per the prosecution story, on 27.06.2021 the informant had parked his Bolero vehicle bearing registration no. BR04D5075 near his shop at the main road of his village. On 28.06.2021 at 05:00 AM he found his vehicle missing from the said place.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the recovery of Bolero vehicle has been made from an abandoned bunglow. It is further submitted that
Patna High Court CR. MISC. No.57267 of 2023(2) dt.30-08-2023 2/3 the name of the petitioner has transpired in the confessional statement of the co-accused.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case wherein the recovery of the Bolero vehicle has been made from an abandoned bunglow of the sugar mill, the name of the petitioner has transpired in the confessional statement of the coaccused but the petitioner has no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Mirganj P.S. Case No. 210 of 2021 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XV, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.57267 of 2023(2) dt.30-08-2023 3/3 shall not be delayed for purpose of or in the name of verification.
8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Lekhi/- Jyoti/- U T