Chunnu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81099 of 2024 Arising Out of PS. Case No.-442 Year-2024 Thana- HISUWA District- Nawada ====================================================== Chunnu Singh S/O Late Shailendra Singh R/O Village- Paki, P.S- Silao, Dist.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Hisua P.S. Case No. 442 of 2024 instituted for the offence under Sections 310(2) of the Bharatiya Nyaya Sanhita (BNS). Subsequently, Section 317(3) of the BNS and Sections 25(1-b)a, 26 & 35 of the Arms Act.

3.

The allegation against the petitioner is of committing dacoity along with other co-accused persons and while committing so, looted bullet motorcycle of the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-08-2024. Petitioner bears one criminal antecedent/s, as per disclosure made in

Patna High Court CR. MISC. No.81099 of 2024(4) dt.16-04-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. It is submitted that recovery of motorcycle is made from co-accused, Mehar Singh. No incriminating article has been recovered from the possession of the petitioner. Similarly situated co-accused person has been granted bail by a Co-ordinate Bench of this Court vide order dated 29-01-2025, passed in Cr. Misc. No. 79260 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner was identified in T.I. Parade. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hisua P.S. Case No. 442 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.81099 of 2024(4) dt.16-04-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T