Shiv Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73687 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- HARLAKHI District- Madhubani ====================================================== Shiv Kumar Singh S/o- Lal Bahadur Singh Village- Selra, P.S.- Jaynagar, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kumari Pallavi, Adv.
For the Opposite Party/s :
Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-10-2024 Heard the parties.
2. The petitioner is in custody in connection with Harlakhi P.S. Case No. 118 of 2024 for the offence punishable under sections 392 of the Indian Penal Code lodged on 25.04.2024 by the informant, Dilip Prasad Chaudhary.
3. As per the prosecution story, the informant alleged that he is running SBI Customer Service Point from his house. On the fateful day, as he was busy, sent his wife along with son for withdrawal of the amount. As they withdrew the amount and were returning on motorcycle, the accused persons intercepted and forcibly snatched the bag containing Rs. 1,00,000/- along with important documents. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that on the basis of suspicion and criminal antecedents, he has been picked up and forced to write confessional statement. The fact
Patna High Court CR. MISC. No.73687 of 2024(2) dt.21-10-2024 2/3 remains that no TIP has been conducted and he is in custody since 04.05.2024 (para-18 of the petition). The last submission is that one similarly situated co-accused, Ajay Singh has been granted bail in Cr. Misc. No. 73344 of 2024. Let the same be kept on record.
5. Learned APP opposes the prayer submitting that the he has confessed the crime.
6. Considering the submissions put forward by the parties as also the fact that the confession is before the police, he is in custody since 04.05.2024, still no TIP conducted, a similarly situated co-accused has been granted bail vide Cr. Misc. No. 73344/2024, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st, Madhubani/the court concerned, in connection with aforesaid P.S. Case subject to the following conditions:
(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.73687 of 2024(2) dt.21-10-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T