Birbahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81440 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Birbahadur Singh Son of Avadhesh Singh, Resident of Village -Narharpur Police Station- Lakinabiganj, Distt- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mahammadpur P.S. Case No.278 of 2022, registered for the offences punishable under Section 395 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants boarded with Maruti Swift vehicle overtook the Car of the informant and on the point of pistol they have snatched his key and fled away with the vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the name of petitioner has come in this case by the confessional statement of the co-accused Chhotu Manjhi and except the same there is no material against the petitioner. He also submits that there is no recovery of looted articles from the possession of petitioner. Learned counsel

Patna High Court CR. MISC. No.81440 of 2023(2) dt.08-01-2024 2/2 submits that after lodging of present case, petitioner has been remanded in five criminal cases, however, he is on bail in all the cases. He further submits that similarly situated co-accused persons namely Vishal Kumar and Sharma Singh @ Samar Singh @ Shama Singh have been granted bail by the Co-ordinate Bench of this Court vide orders dated 20.12.2023 & 01.12.2023 passed in Cr. Misc. No.75729 of 2023 & Cr. Misc. No.76582 of 2023 respectively. He also submits that petitioner is in custody since 19.07.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Gopalganj in connection with Mahammadpur P.S. Case No.278 of 2022.

(Sunil Dutta Mishra, J) Ritik/- U T