Ishu Singh @ Yusuf Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79183 of 2023 Arising Out of PS. Case No.-530 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Ishu Singh @ Yusuf Singh Son of Late Jaun Singh R/o vill - Naya Tola, Zorabganj, P.S. - Korha, distt. - Katihar 2.
Manoj Kumar Singh Son of Late Roushan Yadav R/o vill - Naya Tola, Zorabganj, P.S. - Korha, distt. - Katihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Anand For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 379 and 356 of the Indian Penal Code and subsequently added Sections 467, 468 and 413 of the I.P.C.
3. As per allegation in the FIR, while the informant along with her father-in-law was returning after withdrawing money from the bank and reached at the Dudhiya Sandha in the meantime unknown persons boarded on two motorcycles came and snatched her bag in which cash of Rs. 1,10,000/-, two passbooks, Aadhar Card and other materials were kept.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.79183 of 2023(2) dt.07-12-2023 2/2 committed no offence. They have been falsely implicated in this case. Neither the petitioners are named in the F.I.R. nor put on T.I.P. Their name transpires on the basis of self confessional statement before the police which has no evidentiary value in the eye of law. Nothing stolen cash or article has been recovered from the conscious possession or house of these petitioners. There is no consistent material against these petitioners which suggests their involvement in the alleged occurrence. Petitioners are languishing in judicial custody since 11.07.2023.
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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chhapra at Saran in connection with Chhapra Muffasil P.S. Case No. 530 of 2023.
(Sunil Kumar Panwar, J) lata/- U T