Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2195 of 2024 Arising Out of PS. Case No.-248 Year-2017 Thana- WAJIRGANJ District- Gaya ====================================================== Awadhesh Singh Son of Late Rajo Singh @ Rajdev Singh, Resident of Village -Makhdumpur P.S. -Wazirganj Dist -Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Wazirganj P.S. Case No.248 of 2017, registered for the offences punishable under Sections 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown accused persons have restrained the motorcycle of informant and stopped him. On pistol point they have snatched Rs.39495/- from bike trunk and Samsung Tab, scanner and Samsung Mobile alongwith Rs.800/- from purse, ATM card, Aadhar card and Pan card, thereafter they fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no recovery from the possession of petitioner and only on the basis of confessional statement of the co-accused he has been implicated in this case. He also submits

Patna High Court CR. MISC. No.2195 of 2024(2) dt.29-01-2024 2/2 that petitioner has one criminal antecedent in which final form has already been submitted after investigation. Learned counsel submits that charge sheet has already been submitted in this case and petitioner is in custody since 26.05.2023. He further submits that similarly situated co-accused persons have already been granted bail by the Co-ordinate Benches of this Court vide orders dated 20.04.2018, 20.06.2018 & 06.01.2022 passed in Cr. Misc. No.12579 of 2018, Cr. Misc. No.27275 of 2018 & Cr. Misc. No.52472 of 2021 respectively and there is no chance of absconding the petitioner or tampering with the evidence.

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, 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 Additional Chief Judicial Magistrate-1st, Gaya in connection with Wazirganj P.S. Case No.248 of 2017.

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