Shiv Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2297 of 2019 Arising Out of PS. Case No.-11 Year-2017 Thana- BELCHHI District- ====================================================== Shiv Shankar Singh. Son of Late Nandan Singh Resident of Village- Anand Golwa, P.S.- Mohaddi Nagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No. 713/2017 arising out of Belchhi P.S. Case No. 11/17 registered for the offence punishable under Sections 394, 302, 34 of the Indian Penal Code, Section 27 of the Arms Act, and late on Sections 396, 412, 120 of the Indian Penal Code have also been added. Earlier, the bail application of the petitioner was rejected vide Annexure-1, giving a liberty to renew his prayer after one year in jail custody.

It has been submitted that the petitioner is in custody since 24.03.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.2297 of 2019(3) dt.30-01-2019 2/2 amount each to the satisfaction of learned Additional District Sessions Judge III, Barh, District, Patna in connection with Sessions Trial No. 713/2017 arising out of Belchhi P.S. Case No. 11/17, with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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) Sanjay/- U T