Saroj Singh @ Saroj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4316 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -DHANGAI District- BHOJPUR ====================================================== Saroj Singh @ Saroj Kumar Singh Son of Ghura Singh, Resident of Village-Auraiya Tola. P.S.-Piro, District-Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 Heard the parties.

This application has been filed in connection with Dhangai P.S.Case No.23 of 2016 for the offence under Sections 302 and 201/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that except the confessional statement of the co-accused before the Police, in which name of the petitioner has transpired, there is nothing against him. The petitioner is in custody since 26.10.2016. It has also been submitted that the concerned co-accused, on whose statement, name of the petitioner has transpired, has already been granted bail by this Court, vide order dated 14.09.2016 passed in Cr. Misc. No.36089 of 2016.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.4316 of 2017 (4) dt.17-03-2017 2/3 Having heard both sides. In view of the fact that except the confessional statement of the co-accused before the Police, in which name of the petitioner has transpired, there is nothing against the petitioner and the petitioner is in custody for about four months.

Considering the aforesaid facts, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Ara, Bhojpur, in connection with of Dhangai P.S.Case No.23 of 2016 dated 11.04.2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U

Patna High Court Cr.Misc. No.4316 of 2017 (4) dt.17-03-2017 3/3