Panna Singh @ Bam Shankar @ Bamshankar Kumar @ Bam Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75264 of 2022 Arising Out of PS. Case No.-102 Year-2020 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== PANNA SINGH @ BAM SHANKAR @ BAMSHANKAR KUMAR @ BAM SHANKAR SINGH Son of Kamal Kishore Singh R/vRahimpurpanchkhuti, P.S.- Mufassil, Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kanchan Kumari For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Bhairab Asthan P.S. Case No. 102 of 2020 registered under section 392 of the Indian Penal Code.
Allegation against the petitioner along with other co-accused persons is that they looted the Scorpio car on pistol point bearing Registration No. BR-32J-7696 and cash Rs. 6600/- and two mobile phones of the informant when he was going to Darbhanga from his Scorpio car.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.75264 of 2022(3) dt.08-05-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of apprehended co-accused person before the police in another case. Police has obtained his signature on blank paper forcefully and later on the same was manipulated as his confessional statement. It is further submitted that nothing looted article has been recovered from the possession of the petitioner. As alleged, the said scorpio vehicle was found in an abandoned area, which was near the petitioner's garage and only because of this, he has been dragged in the present case. He has not been put on T.I.P. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 28.3.2023 passed in Cr. Misc. No. 1702 of 2023. Petitioner is languishing in judicial custody since 7.9.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.75264 of 2022(3) dt.08-05-2023 3/3 petitioner is directed to be enlarged on bail in connection with Bhairab Asthan P.S. Case No. 102 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Jhanjharpur.
(Sunil Kumar Panwar, J) sushma/- U