Satish Kumar @ Jhuna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65569 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- KARPI District- Jehanabad ====================================================== Satish Kumar @ Jhuna Singh, Son of Late Bhaju Ram Singh, R/V- Jalwaiya P.S.- Kaler, District- Arwal.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Karpi Police Station Case No. 142/2020 registered for the offence under Section 414/34 of the Indian Penal Code and Section 25(1-B)a, 26/35 of Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 03.07.2022.

The allegation against the petitioner is to involve in a bank dacoity, for which a separate case was lodged, where present FIR is limited with recovery of firearm from the possession of apprehended co-accused persons, who alleged to be in-

Patna High Court CR. MISC. No.65569 of 2022(2) dt.25-02-2023 2/3 volved in bank dacoity alongwith this petitioner. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner surfaced in present case on the basis of confessional statement of apprehended co-accused, namely, Rajesh Choudhary. It is submitted that admittedly, no firearms recovered from the possession of this petitioner. While concluding the argument, it is submitted that petitioner found involved in 12 cases, where he is on bail and in maximum of the cases, name of petitioner surfaced on the basis of confessional statement of co-accused persons, as of the present case having no bearing over merit of the present case. Moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as no firearm alleged to be recovered from the possession of this petitioner, who is in custody since 03.07.2022, coupled with fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Karpi Police Station Case No. 142/2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.65569 of 2022(2) dt.25-02-2023 3/3 two sureties of the like amount each to the satisfaction of learned I/C.A.C.J.M., Jehanabad/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T