Rajeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 61522 of 2022 Arising Out of PS. Case No.-272 Year-2021 Thana- AMARPUR District- Banka ====================================================== RAJEEV SINGH S/o Satrughan Singh R/o Village- Katahil, P.S.- Amarpur, Distt- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 272 of 2021 registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code. The informant has alleged that he alongwith his co-driver was going on a pickup van, which was loaded with mangoes, on 09.06.2021 and when they had reached near Kathel Canal Diversion, unknown miscreants had intercepted them and looted money bag containing a sum of Rs. 9,000/- and a mobile phone as also a silver chain from the possession of the co-driver of the

Patna High Court CR. MISC. No. 61522 of 2022(2) dt.04-02-2023 2/3 informant on gunpoint.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 18.07.2022. The learned counsel for the petitioner has further submitted that the petitioner has been arrested after disclosure was made by the co-accused person, namely, Pankaj Kumar Sah in his confessional statement about the petitioner being one of his accomplice, however, the said Pankaj Kumar Sah has already been granted the privilege of bail by a co-ordinate Bench of this Court vide order dated 15.06.2022, passed in Criminal Miscellaneous No. 10598 of 2022. Lastly, it is submitted that no recovery of looted articles have been made from the possession of the petitioner. Per contra, the learned A.P.P. 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

Patna High Court CR. MISC. No. 61522 of 2022(2) dt.04-02-2023 3/3 petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of coaccused person, who has already been granted the privilege of bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, 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 Additional Chief Judicial Magistrate 1st,Banka in connection with Amarpur P.S. Case No.272 of 2021.

(Mohit Kumar Shah, J) S.Sb/Saurav U T