Tara Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72141 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Tara Mohan Singh Son Of Chandra Mohan Singh Resident Of Village- Bela Yakub, Police Station- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Keoti P.S. case No.80 of 2024 instituted for the offences under Sections 399, 402, 413 & 414 of the Indian Penal Code and Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

Prosecution case, in short, is that police on secret information regarding assembly of anti-social elements who were planning to commit loot, reached at the place of occurrence, whereafter, five live cartridges have been recovered from the possession of the petitioner.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.72141 of 2024(2) dt.04-10-2024 2/3 No incriminating article has been recovered from the possession of the petitioner. Petitioner has no concern with the recovered articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-03-2024 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. Charge sheet has been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 14-08-2024, passed in Cr. Misc. No. 55806 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Keoti P.S. case No.80 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.72141 of 2024(2) dt.04-10-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T