Prashant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79073 of 2023 Arising Out of PS. Case No.-643 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== PRASHANT SINGH, S/O- MADHU SUDAN SINGH, R/O VILLAGEPHULAWARIA PS- SUGAULI DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar No.1, Advocate Mr. Ramakant Yadav, Advocate Ms. Kumari Anjali, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Taurkauliya (Banjariya) P.S. Case no. 643 of 2023 registered under sections 420, 416 and 395 of the Indian Penal Code.
3. As per the prosecution case, the informant states that while he was carrying an amount of Rs.30,85,000/- in an America Tourister bag, the accused persons posing themselves as persons from the Custom Department took away the bag and escaped. On halla being raised and the matter being reported to the police, the informant states that the police reached there and
Patna High Court CR. MISC. No.79073 of 2023(3) dt.07-03-2024 2/3 on search one of the accused namely Prahtaj Kumar was identified and taken into custody.
4. Learned counsel for the petitioner submits that the FIR was registered against Prahtaj Kumar and other unknown accused persons. The petitioner is not named in the FIR. His name transpired in course of investigation in the confessional statement of a co-accused made before police. Contrary to allegations, no incriminating article has been recovered from the possession of the petitioner nor has he been put on T.I.Parade. He is in custody since 8.6.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, the petitioner having remained in custody for 9 months since 8.6.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Taurkauliya (Banjariya) P.S. Case no. 643 of 2023 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 Judicial
Patna High Court CR. MISC. No.79073 of 2023(3) dt.07-03-2024 3/3 Magistrate Ist, Motihari, East Champaran.
(Partha Sarthy, J) avinash/- U T