Vijay Kumar Singh @ Munna Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 9352 of 2019 Arising Out of PS. Case No.-291 Year-2017 Thana- MADHAURAH District- Saran ====================================================== VIJAY KUMAR SINGH @ MUNNA THAKUR S/o Shivji Singh @ Shivji Thakur @ Shivjee Singh Resident of Village- Nethua, P.S. Marhowrah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr S B K Mangalam, Ms Anita Kumari, Advocates For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sessions Trial No 324 of 2018 arising out of Marhowrah Police Station (for brevity PS) Case No 291 of 2017 dated 10.07.2017 instituted for the offence under Section(s) 302, 120B/34 of Indian Penal Code. Petitioner is in custody in connection with this case since 26.07.2017. Allegation is of plotting the murder from within the judicial custody. Earlier, prayer for bail of the petitioner was rejected on 17.02.2018. The petitioner had thereafter moved for grant of bail again on 19.12.2018. In the said proceedings, liberty was granted to move for bail after framing of charges in

Patna High Court CR. MISC. No.9352 of 2019(4) dt.18-12-2019 2/3 the case. As per the report received from the Court, charges have been framed on 02.02.2019. It is submitted by petitioner's counsel that even after framing of charges, none of the witnesses have turned up for evidence and the case is still pending for evidence. In all other cases, except Marhowrah PS Case No 148 of 2004, the petitioner is on bail. Details of the cases pending against the petitioner have been disclosed in paragraph 3 of the instant application.

Considering the aforesaid, let the petitioner, above named, 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 Additional Sessions Judge XI, Saran at Chapra in connection with Sessions Trial No 324 of 2018 arising out of Marhowrah PS Case No 291 of 2017 dated 10.07.2017 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.9352 of 2019(4) dt.18-12-2019 3/3 bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T