Murari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73898 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- KALUAHI District- Madhubani ====================================================== Murari Singh, Son of Sanjay Singh, R/o Vill - Kapariya, P.S. - Khajauli, Distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Miss Kusum Rani, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Kaluahi P.S. Case No. 21 of 2022, instituted for the offences punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that, three unknown miscreants boarded on a motorcycle dashed the informant's motorcycle due to that informant fell down on the road and all the miscreants snatched Rs. 7 lacs kept in the informant's bag.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R and the
Patna High Court CR. MISC. No.73898 of 2023(4) dt.20-02-2024 2/3 name of the petitioner appeared from the confessional statement of co-accused Satrudhan Kumar Singh. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents as has been stated in paragraph no. 3 of the present bail application and the petitioner is on bail in all these cases. The petitioner is languishing in judicial custody since 04.07.2023. Charge-sheet has already been submitted in the present case. Learned counsel for the petitioner further submits that similarly situated coaccused have been granted bail by Co-ordinate Benches of this Court vide order dated 24.05.2023 passed in Cr. Misc. No. 26072 of 2023 and order dated 04.07.2023 passed in Cr. Misc. No. 19387 of 2023.
5. Learned APP 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, taking into account the period of custody undergone by the petitioner and claim based on parity, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.73898 of 2023(4) dt.20-02-2024 3/3 below/concerned Court in connection with Kaluahi P.S. Case No. 21 of 2022.
(Rudra Prakash Mishra, J) Rajorshi/- U T