Sharban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6654 of 2016 Arising Out of PS.Case No. -309 Year- 2003 Thana -BARBIGHA District- SEKHPURA ====================================================== Sharban Singh Son of Late Ramji Singh, Resident of Village - Sirari P.S. - Sheikhpura, District - Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Barbigha P.S. Case No. 309 of 2003 registered for the offences punishable under Sections 341, 307 and 326/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, co-accused Chandramouli Singh fired upon the informant which hit in his chest and the petitioner and coaccused Sanjay Singh were also with Chandramouli Singh at the relevant time.

Submission is of false implication and that the petitioner has been wrongly named, he was not present at the place of occurrence, there is no specific allegation against him and he is suffering in custody since 08.04.2015. Two co-accused persons namely, Sanjay Singh and Chandramauli Singh have already been

Patna High Court Cr.Misc. No.6654 of 2016 (2) dt.29-02-2016 2/2 acquitted by this Court vide Judgment dated 03.09.2015 passed in Criminal Appeal No. 285 of 2010 (D.B.) and, as such, the petitioner also deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that the petitioner remained absconding since long as this is the case of year 2003. In the facts and circumstances stated above, considering that against the petitioner there is no allegation for causing any injury and, as such, considering his detention at this stage, how he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection with Barbigha P.S. Case No.

309 of 2003 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.