Aman Singh @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84152 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Aman Singh @ Raja aged about 25 years, Male, Son Of Anjani Kumar Singh, Resident Of Village- Budhakara, P.S.- Katra, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2024 Heard Mr. Anand Kumar, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Piprahi P.S. Case No. 141 of 2023 registered for the offence punishable under Sections 395/397 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, which is against unknown, the accused persons had committed dacoity and looted Rs. 26 lacs.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Name of the petitioner has come in course of investigation on the basis of confessional
Patna High Court CR. MISC. No.84152 of 2023(2) dt.18-01-2024 2/3 statement of on co-accused, Munchun Paswan. No recovery was made from the possession of the petitioner or from the house of the petitioner. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner and the fact that name of the petitioner has surfaced on the basis of confessional statement of co-accused, namely, Munchun Paswan, in police custody, which prima facie, has no evidentiary value in the eye of law. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. First Class, Sheohar, in connection with Piprahi P.S. Case No. 141 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The Court below is directed to verify the
Patna High Court CR. MISC. No.84152 of 2023(2) dt.18-01-2024 3/3 criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T