Patna High CourtCR. MISC./67075/2024bail granted

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

2024-10-01Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67075 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Saroj Kumar Singh @ Saroj Kumar, Son of Late Jageshwar Prasad Singh, R/o - Sonbarsa Ghat, P.S - Chautham, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Chautham P.S. Case No. 64 of 2024, registered for the alleged offences under Sections 457 and 380 of the Indian Penal Code.

3. As per prosecution case, a theft was committed in the house of the informant and the thieves took away Rs.95,000/- in cash, mobile phone, blue tooth device and silver coins from the housecum-shop of the informant. The informant named this petitioner and other co-accused persons for being involved in the theft.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.67075 of 2024(2) dt.01-10-2024 2/3 conscious possession of this petitioner. The petitioner has been roped in this case only due to the fact that the petitioner runs a tent house and shop is situated near the house of the informant. The recovery has been shown from the co-accused and not from this petitioner. The petitioner in custody since 09.07.2024 and charge sheet has been submitted. The petitioner is having antecedent of one case in which he is on bail.

5. The learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that no recovery has been shown from this petitioner and further considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria, in connection with Chautham P.S. Case No. 64 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.67075 of 2024(2) dt.01-10-2024 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T