Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3453 of 2017 Arising Out of PS.Case No. -139 Year- 1995 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Raj Kumar Singh, Son of Ram Raj Singh, Resident of Paharpur, Police Station- Medni Chowki, District- Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 14-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.566 of 1997, arising out of Suryagarha P.S. Case No.139 of 1995/G.R. No.427 of 1995, registered under Sections 147, 148, 149, 307, 324 and 341 of the Indian Penal Code besides Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. but, on suspicion, the police submitted chargesheet against the petitioner showing him as absconder and, thereafter, permanent warrant of arrest was issued against the petitioner on which basis, he was

Patna High Court Cr.Misc. No.3453 of 2017 (2) dt.14-02-2017 2/3 apprehended by the police on 17.02.2016 and remanded in the present case. In fact, the petitioner had no knowledge that he has been made accused in the present case. Moreover, the petitioner is in custody since 17.02.2016 and while the charge has already been framed against the petitioner on 27.09.2016 but since then no prosecution witness has been examined in the case. The petitioner has no criminal antecedent and he undertakes that he will attend the trial court on each and every date fixed in the case during the course of the trial.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Lakhisarai, in connection with Sessions Trial No.566 of 1997, arising out of Suryagarha P.S. Case No.139 of 1995/G.R. No.427 of 1995. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on each and every date fixed in the case during the course of the trial. If the petitioner

Patna High Court Cr.Misc. No.3453 of 2017 (2) dt.14-02-2017 3/3 fails to attend the trial court, on two consecutive dates, during the course of the trial without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bond of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T