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Patna High CourtCR. MISC./72982/2019bail granted

Sunny Singh v. The State Of Bihar

2019-12-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72982 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- PHENHARA District- East Champaran ====================================================== SUNNY SINGH S/o Shankar Singh Resident of Village- Ijorwara, P.S.- Phenhara, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 379, 411, 413, 414, 465, 468, 471 and 474/34 of the Indian Penal Code.

Co-accused Rahul Singh was apprehended with the stolen motorcycle who disclosed the name of the petitioner and three other accused persons as his associates indulged in committing theft of the vehicles including the seized vehicle. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. There is nothing cogent material on record indicating the complicity of the

Patna High Court CR. MISC. No.72982 of 2019(2) dt.11-12-2019 2/2 petitioner in the occurrence barring the confessional statement of co-accused Rahul Singh which has no evidentiary value in the eye of the law. Though five cases have been lodged against the petitioner but he is on bail in the said cases. Said Rahul Singh @ Chhotu Singh and similarly situated co-accused Madhurendra Singh @ Madhu Singh have been enlarged on bail by different co-ordinate bench of this court vide order dated 07.03.2019 and 06.03.2019 passed in Cr. Misc. Nos. 14152 of 2019 and 13625 of 2019 respectively. The petitioner has been languishing in custody since 14.12.2018.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 Additional Chief Judicial Magistrate-12, East Champaran at Motihari in connection with Phenhara P.S. Case No.93 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T