Bittu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69813 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Bittu Singh Son Of Manoj Singh Resident Of Village Goniya Chapra Ps Bairiya District Baliya State Uttar Pradesh ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar Singh For the Opposite Party/s :
Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.
3. As per allegation in the FIR, when the informant along with his friend was returning to his house by motorcycle after closing his shop, six to seven unknown miscreants came and firstly snatched the key of motorcycle and thereafter on the point of pistol, they snatched a gold chain and Rs. 6000/- from the informant. They also snatched Rs. 5000/- and a mobile set from his friend Abhishek Kumar.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.69813 of 2023(4) dt.08-02-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. The petitioner is not named in the F.I.R. He has no concern with the alleged occurrence. Nothing incriminating article has been recovered from his conscious possession. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated coaccused Bittu Paswan @ Kaju Paswan has already been granted bail by another co-ordinate Bench of this Court vide order dated 20.03.2023 passed in Cr. Misc. No. 72927 of 2022. Petitioner is languishing in judicial custody since 28.06.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount
Patna High Court CR. MISC. No.69813 of 2023(4) dt.08-02-2024 3/3 each to the satisfaction of the learned C.J.M., Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 258 of 2022. (Sunil Kumar Panwar, J) lata/- U T