Tappu Singh @ Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4828 of 2019 Arising Out of PS. Case No.-124 Year-2017 Thana- BALIYA District- Begusarai ====================================================== Tappu Singh @ Amit Singh aged 35 years (Male), son of Late Ram Bahadur Singh R/o Village- Manserpur, P.S. Ballia, District- Begusarai. ... ... Petitioner/s

Versus

The State Of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ballia P.S. Case No. 124 of 2017 registered for the offences punishable under Sections 363, 302/364/34 of the Indian Penal Code.

Informant who is father of deceased has alleged that his son had gone to computer center to know about his result but thereafter did not return till evening and his cycle was found in abandoned condition lying near Dhala. He suspected that 14 persons named in the FIR have kidnapped her son whose dead body was subsequently recovered.

Petitioner is not named in the FIR. However, during investigation he has been made accused only on suspicion. It

Patna High Court Cr.Misc. No.4828 of 2019(2) dt.31-01-2019 2/2 has been submitted that petitioner has no criminal antecedent and he has been made accused only on the basis of suspicion and except suspicion thee is no any other incriminating material against petitioner. It has been further submitted that the FIR named accused have been granted bail by co-ordinate bench of this court as contained in Annexures 3.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Ballia P.S. Case No. 124 of 2017, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T