Patna High CourtCR. MISC./68389/2024bail granted

Pradeep Singh v. The State Of Bihar

2024-10-03Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68389 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Pradeep Singh S/O Sri Chain Singh Resident of Village- Kalsahi, P.S.- Hamirpur, District- Hamirur (Himachal Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chapra Rail P.S. Case No. 83 of 2024 dated 10.05.2024, lodged under Sections 379, 414 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against the sole petitioner. It has been alleged in the FIR that the petitioner was arrested by the police on his suspicious activity near Chapra Railway booking counter and from his possession, some ATM cards of different bank, mobile and chargers have been recovered and after apprehension by the police, petitioner has disclosed that these materials are subject to theft.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.68389 of 2024(2) dt.03-10-2024 2/3 also submits that police has implanted this case against the petitioner only due to the reason that his criminal antecedent is not clean as there are four criminal cases pending against him and in all the cases, he is on bail. Counsel further submits that the offence in which the case has been lodged is of magisterial triable. Counsel submits that the petitioner is in custody since 11.05.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean as there are four criminal cases pending against him and this aspect must be taken into consideration while considering the bail application of the petitioner.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Railway, Sonepur (Saran) in connection with Chapra Rail P.S. Case No. 83 of 2024, subject

Patna High Court CR. MISC. No.68389 of 2024(2) dt.03-10-2024 3/3 to the conditions as laid down U/s 437(3) Cr.P.C.

7. Pending cases against the petitioner are as follows:- (I)- Hamirpur P.S. Case No. 277 of 2017.

(II)- Hamirpur P.S. Case No. 334 of 2017.

(III)- Hamirpur P.S. Case No. 05 of 2018.

(IV)- Hamirpur P.S. Case No. 177 of 2018.

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