Madhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59217 of 2022 Arising Out of PS. Case No.-12 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== MADHU SINGH Son of Late Surendra Singh Resident of Village - Basant Jagjiwan, Tola - Gadhaba, P.S.- Purnahia, District - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Suppi PS case no. 12 of 2021 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is regarding three unknown miscreants, riding a motorcycle, having intercepted and stopped the informant, whereafter, they had, on pistol point, looted a sum of Rs. 62,000/- from the informant and they they had fled away.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 26.07.2022. The learned counsel for the petitioner has further submitted that other similarly situated co-accused persons have already been

Patna High Court CR. MISC. No.59217 of 2022(2) dt.23-12-2022 2/3 granted bail by co-ordinate Benches of this Court vide order dated 14.12.2021, passed in Cr. Misc. no. 39897 of 2021 and vide order dated 29.01.2022, passed in Cr. Misc. no. 54447 of 2021. Lastly, it is submitted that neither any recovery has been made from the possession of the petitioner nor any test identification parade has been held so as to connect the petitioner with the alleged crime.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither any looted cash amount has been recovered from the petitioner nor any test identification parade has been held so as to connect the petitioner with the alleged crime, apart from the fact that similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court, I deem it fit and appropriate to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.59217 of 2022(2) dt.23-12-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate-I/c, Sitamarhi in connection with Suppi PS case no. 12 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T