Prince Kumar Singh @ Priya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62041 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== PRINCE KUMAR SINGH @ PRIYA KUMAR SINGH Son of Shashi Shekhar Singh Resident of Village-Askatiya, Police Station-Bhawanipur (Balia), District-Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh For the Opposite Party/s :

Mr.Ramchandra Singh For the informant :

Mr. Uday Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bhawanipur (Balia) Police Station Case No. 117 of 2019, disclosing offences under Sections 457 and 380 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that the petitioner, along with other coaccused persons, entered into the house of the petitioner and stolen Rs. 15,000/-, in cash and other valuable ornaments and articles worth Rs. 5,00,000/-.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.62041 of 2019(2) dt.18-10-2019 2/3 petitioner has falsely been implicated in the present case inasmuch as the petitioner is the co-villager of the informant and he had appeared in a case as a witness before the D.C.L.R. on behalf of the father of the informant, but in cross-examination, he could not appear and accordingly the informant was having a grudge against the petitioner. He further submits that the petitioner is a student and is pursuing his First-year I. T. (Polytechnic) course and has not committed any offence in the manner alleged and no incriminating article has been recovered from the possession of the petitioner.

On the other hand, learned Counsel for the informant vehemently opposes the prayer for bail and submits that the petitioner, along with others, was seen loitering near the house of the informant and huge amount was stolen from the house of the informant and, thus, the petitioner does not deserve privilege of anticipatory bail.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no incriminating article has been recovered from the possession of the petitioner and the petitioner is a student of Polytechnic, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.62041 of 2019(2) dt.18-10-2019 3/3 Let the petitioner, Prince Kumar Singh @ Priya Kumar Singh, in the event of his arrest or surrender before the Court below within four weeks, 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 Sub Divisional Judicial Magistrate, Purnea, in connection with Bhawanipur (Balia) Police Station Case No. 117 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √