Prakash Singh @ Bhayankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8588 of 2019 Arising Out of PS. Case No.-06 Year-2017 Thana- HARINMAR District- Munger ====================================================== PRAKASH SINGH @ BHAYANKAR aged about 35 years Male, S/o Late Ram Deo Singh Resident of Village- Reta, P.S- Harinmaar, District Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Case No. 325 of 2018 arising out of Harin Maar P.S. Case No. 06 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant in her written complaint has alleged that her husband, Doman Singh, had gone to see his field at about 2:00 pm and when he was returning back, petitioner along with FIR named accused surrounded him and there is specific allegation against accused Jhoti Singh of causing firing by his gun in the chest of deceased as a result of which he died. Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.8588 of 2019(2) dt.18-02-2019 2/3 is no allegation of even last seen as against the petitioner herein and further, there is no material to connect the petitioner with the alleged incident. Petitioner is in custody since 21.08.2018.

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/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Munger, in connection with Sessions Case No. 325 of 2018 arising out of Harin Maar P.S. Case No. 06 of 2017, 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

Patna High Court Cr.Misc. No.8588 of 2019(2) dt.18-02-2019 3/3 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) ranjan/- U