Utpal Kant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83962 of 2023 Arising Out of PS. Case No.-375 Year-2019 Thana- PIPRA District- East Champaran ====================================================== Utpal Kant Singh Son Of Jawahar Singh R/O Village- Khaksa, P.S.- Desari, Dist.- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Kumar For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

AS per allegation in the FIR, informant is a truck driver on in order to go Assam with garlic and onion loaded truck, near Muzaffarpur, four unknown miscreants, showing the fear of pistol, got into the truck and snatched his driving steering. Then miscreants tied the limbs of the informant and khalasi and thrown them on the side of road and fled away after robbing the truck. It is further alleged that unloaded truck was recovered from village Barai by the police. . It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.83962 of 2023(2) dt.05-01-2024 2/2 that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from conscious possession of the petitioner. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 22.02.2021 passed in Cr. Misc. No. 35219 of 2020. Petitioner is languishing in judicial custody since 3.7.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Pipra P.S. Case No. 375 of 2019.

(Sunil Kumar Panwar, J) sushma/- U