Bhardul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13403 of 2016 Arising Out of PS.Case No. -2 Year- 2015 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Bhardul Singh Son of Late Ram Janam Singh Resident of VillagePipardih, P.S.-Nauhatta, District-Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 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 307, 353, 147, 148 and 149 of the I.P.C, sections 25 (1-b) a, 26, 27 and 35 of the Arms Act, section 13 and 15 of the U.P.A. Act, section 3⁄4 of the Explosive Substance Act and section 17 of the C.L.A. Act.

Allegedly, acting on an information the raid was conducted at village- Banda by the informant and other police personnel and there was firing and cross-firing, two persons, namely, Jokhan Singh and Sihasan Yadav were arrested with arms, whereas, the petitioner and others succeeded in fleeing away.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.13403 of 2016 (3) dt.21-06-2016 2/2 petitioner was not apprehended by the raiding party at the spot, his name has come mere on suspicion, Jokhan Singh who was arrested at the spot has already been allowed bail and further similarly situated co-accused Binod Singh and Ramdular Kharwar have also been allowed bail by another co-ordinate Benches of this Court, the petitioner is suffering in custody since 05.12.2015. The learned A.P.P. submits that the petitioner has got criminal antecedent also.

In the facts and circumstances as stated above, considering detention of the petitioner, now he is also 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 Sri Divesh Kumar, J.M. 1st Class, Dehri-on-sone, District- Rohtas in Nauhatta P.S. Case No. 02 of 2015, 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