Chhotu Singh @ Malinga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1912 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- KHAIRA District- Jamui ====================================================== CHHOTU SINGH @ MALINGA Son of Dhobi Singh R/V- Parsa, P.SKhaira, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395/412 of the Indian Penal Code.
The allegation against the petitioner is to commit dacoity along with co-accused persons and while committing so taken away cash of Rs. 2,00,000/- (Rupees Two Lac) belongs to the informant, which was immediately withdrawn from the bank.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of the co-accused Sumant Kumar
Patna High Court CR. MISC. No.1912 of 2023(2) dt.28-03-2023 2/2 Pandey. Petitioner is neither named in the FIR nor he is put on TIP. Similarly situated co-accused Rakesh Singh has already been granted bail by a coordinate Bench of this Court vide order dated 23.02.2023 passed in Cr. Misc. No. 66789. It is further submitted that the petitioner is languishing in judicial custody since 11.03.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khaira P.S. Case No. 104 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui. (Sunil Kumar Panwar, J) Manish/- U T