Pintu Singh @ Sapendu Singh @ Spendra Singh @ Spendu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82716 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- DINARA District- Rohtas ====================================================== Pintu Singh @ Sapendu Singh @ Spendra Singh @ Spendu Kumar S/O Tuntun Singh R/O Village- Mungaw, Ps. Karan Sarai, Dist. Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Nikhil, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Dinara P.S. Case No. 76 of 2023 instituted for the offences under Section 392 of the Indian Penal Code which was later on substituted with Sections 395 and 412 of the Indian Penal Code.
3. As per prosecution case, some miscreants on the point of country made pistol snatched the motorcycle and cash Rs. 3,000/- from the Informant and, thereafter, fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has come
Patna High Court CR. MISC. No.82716 of 2023(4) dt.03-04-2024 2/3 in this case on the confessional statement of co-accused Mohan Yadav. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Except confession, there is nothing on record against the petitioner. The T.I.P. has not been conducted by the I.O. in this case. The petitioner has no concern with the looted article. The petitioner has six criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 17.04.2023.
5. Learned counsel for the petitioner again submits that the co-accused namely Ravi Kumar has been granted bail by this Court vide order dated 22.03.2024 passed in Cr. Misc. No. 21508 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the looted motorcycle has been recovered in front of the house of the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.82716 of 2023(4) dt.03-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Dinara P.S. Case No. 76 of 2023, subject to the following conditions; (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) rishi/- U T