Patna High CourtCR. MISC./60374/2024bail granted

Robins Singh v. The State Of Bihar

2024-10-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60374 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- GORIAKOTHI District- Siwan ====================================================== Robins Singh, aged about 21 years, Male, Son of Shri Prithvi Nath Singh, R/V- Village- Ramgarha, P.S.- Daraunda, Distt.- Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Goriya Kothi (Goreakothi) P.S. Case No. 274 of 2023 dated 30.09.2023 registered for the offences punishable under Sections 399, 402, 414 of the I.P.C. and Sections 25(1B)a, 26, 35 of the Arms Act and Sections 8, 21(b) and 22 of the N.D.P.S. Act.

3. As per the prosecution case, police apprehended four accused persons including the petitioner who were assembled in an orchard behind Pahelejpur High School to commit crime and from possession of the petitioner, one loaded country made katta alongwith one live cartridge and 9.130 gram smack like substance and one mobile phone were recovered.

Patna High Court CR. MISC. No.60374 of 2024(3) dt.26-10-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from his possession. He has no concern with the alleged offence. There is no compliance of Section 100 of the Cr.P.C. The seized contraband is less then commercial quantity. The petitioner has eight criminal antecedents, out of which, in Maharajganj P.S. Case No. 180 of 2022 and in Goriyakothi P.S. Case No. 159 of 2023, he has been acquitted and in five cases, he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 01.10.2023.

5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Siwan in connection with Goriya Kothi (Goreakothi) P.S. Case No. 274 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court

Patna High Court CR. MISC. No.60374 of 2024(3) dt.26-10-2024 3/3 below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T