Pran Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.55886 of 2015 (3) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55886 of 2015 Arising Out of PS.Case No. -414 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Pran Singh S/o Late Chedi Singh, resident of Village- Balrati Bigha, P.S.- Dehri, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. A. Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Dehri P.S. Case No. 414 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Allegedly, the mother of the informant narrated that co-accused Dilip Singh, Bharath Singh, and the petitioner cut the neck of Shiv Bachan Singh the father of the informant in the night and the father of the informant disclosed the name of the assailants as the Dilip Singh and Bharath Singh only by writing on paper. Submission is of false implication and that the deceased before his death has not stated the name of the petitioner and this fact has been stated by the informant in his further statement and the witnesses vide para 10 and 11 of the case diary the said paper has been seized wherein also the name of co-

Patna High Court Cr.Misc. No.55886 of 2015 (3) dt.11-02-2016 accused Bharath Singh and Dilip Singh are only mentioned and further from the statement of Parvati Devi, an eye witness it reveals that co-accused Dilip Singh was cutting the neck with knife and as such the petitioner deserves sympathetic consideration to which learned A.P.P. duly assisted by learned counsel for the informant opposes by submitting that the petitioner was also present there and it may be possible that the deceased has not seen him resulting he did not mention the name of the petitioner on the paper before his death.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned S.D.J.M., Dehri-onsone, in connection with Dehri Town P.S. Case No. 414 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U T