Antu Kumar Singh @ Antu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66327 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- TARAIYA District- Saran ====================================================== Antu Kumar Singh @ Antu Singh, Son Of Nagendra Singh Resident Of Village- And Po- Parauli, P.S.- Basantpur (Lakri Nabiganj Op), Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Taraiya P.S. Case No. 99 of 2023, lodged on 07.04.2023 under Section 395 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 6 to 7 unknown accused persons against whom allegation of dacoity of Scorpio vehicle are there on gun point

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and his name has figured in this case by virtue of confessional statement of the co-accused, who has been granted bail by the co-ordinate bench of this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 50059 of 2023. He further submits that the petitioner was neither named in the FIR nor he was put on Trade Identification Parade

Patna High Court CR. MISC. No.66327 of 2023(2) dt.16-10-2023 2/2 (T.I.P). He further submits that there are two antecedents of the petitioner and he is in custody since 23.04.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it its true, that the looted vehicle has not been recovered from the possession of the petitioner, but it is also true that the said vehicle has been recovered from the confessional statement of the petitioner. As such, at the time of granting bail, this aspect may be taken into consideration.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Taraiya P.S. Case No. 99 of 2023, pending before the learned Additional Chief Judicial Magistrate1st, Saran at Chapra is hereby rejected.

8. However, the petitioner would be at liberty to renew the prayer for bail after framing of the charge.

9. With this observation, the bail application stands disposed of.

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