Patna High CourtCR. MISC./12832/2016bail granted

Amir Singh v. The State Of Bihar

2016-05-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12832 of 2016 Arising Out of PS.Case No. -87 Year- 1993 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Amir Singh, S/o Muna Singh, aged 55 years R/o Mehus, P.S. A/p Mehus, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinkar Kumar For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 364, 365, 368, 385 and 387 of the I.P.C Allegedly, the petitioner and other co-accused kidnapped the informant and boarded in a car, thereafter kept confined in a house. However, the informant taking advantage of absence of the accused persons after opening the door fled away. Submission is of false implication and that the petitioner is in custody since 17.08.2013, up till now no prosecution witness has been examined and in the near future the trial is not likely to be concluded, other co-accused, who had faced trial vide Sessions Trial No. 72 of 2004, have been acquitted.

Patna High Court Cr.Misc. No.12832 of 2016 (4) dt.16-05-2016 2/2 The learned A.P.P. submits that the petitioner remained absconding.

In the facts and circumstances as stated above, considering custody of the petitioner, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.D.J. Sheikhpura in Sessions Case No. 72 A of 2004 arising out of Barbigha P.S. Case No. 87 of 1993, subject to the conditions that one of the bailors must be a 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.

(Jitendra Mohan Sharma, J) Abhay/- U T