Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15160 of 2016 Arising Out of PS.Case No. -324 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Niraj Singh S/o - Late Bindeshwar Singh R/o Village Dharampur Thikaha, P.S. - Vaishali, Distt - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Ranjan Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Vaishali P.S. Case No.324 of 2015 registered for the offences punishable under Sections 143, 149, 447, 307, 436, 427 and 504 of the Indian Penal Code.

Allegedly, the petitioner and other accused persons came variously armed, directed the informant to return Rs.700/- borrowed at the rate of 20% per month which was taken by Fudan Mahto and thereafter they burnt the house of the informant and others after sprinkling kerosene oil and Nilu Devi lit the fire. Submission is of false implication due to old enmity,

Patna High Court Cr.Misc. No.15160 of 2016 (3) dt.19-05-2016 2/3 the petitioner has been made victim on account of dirty village politics as earlier the petitioner had filed a Complaint Case No.3449 of 2015 vide Annexure-2, it was an accidental fire resulting the house of the petitioner and others were burnt of taking advantage of the same the informant lodged this false case resulting the petitioner is suffering in custody since 25.11.2015. Charge sheet has already been submitted and there is no chance of tampering with the evidence.

The learned A.P.P. submits that during investigation it has come that the petitioner has lit the fire. In the facts and circumstances state above, considering that the charge has already been submitted and there is no chance of tampering with the evidence, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hazipur, in connection with Vaishali P.S. Case No.324 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

Patna High Court Cr.Misc. No.15160 of 2016 (3) dt.19-05-2016 3/3 shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) AnilKrSinha/- U T