Tarkeshwar Singh @ Bittu Singh @ Tarkeshwar Sing @ Bittu Sing v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8357 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== TARKESHWAR SINGH @ BITTU SINGH @ TARKESHWAR SING @ BITTU SING Son of Bechu Bhagat Resident of Village - Dhanauti, PS - Dhanauti.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with G.B. Nagar P.S. Case No. 14 of 2018 registered for the offence punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act and Section 302 IPC was added.
Informant has alleged snatching of Rs. 30,000/- and firing against three unknown miscreants.
It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement of co-accused Shahansah Siddiqui who has already been granted bail by this
Patna High Court CR. MISC. No.8357 of 2019(3) dt.03-04-2019 2/3 Hon'ble Court vide order dated 10.09.2018 passed in Cr. Misc. No. 41829 of 2019. Nothing has been recovered from the possession of petitioner and he has not been put on TIP. Similarly placed co-accused, namely, Irshad Ansari has been granted bail by this Hon'ble Court vide order dated 18.12.2018 passed in Cr. Misc. No. 75478 of 2018. Petitioner is in custody since 12.06.2018.
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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with G.B. Nagar P.S. Case No. 14 of 2018 subject to the conditions that:-
(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 his absence on two consecutive dates without proper and sufficient reason the trial court
Patna High Court CR. MISC. No.8357 of 2019(3) dt.03-04-2019 3/3 will be at liberty to cancel his bail bond.
(3) If the petitioner tamper 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) veena/- U T