Shyam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13177 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -BIHPUR District- BHAGALPUR ====================================================== Shyam Kumar Singh, son of Late Rajesh Kumar Singh, resident of Village- Sundar Nagar, P.S. Jorapokhar, Dist- Dhanbad, Jharkhand. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shashi Bhushan Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.03.2016 in connection with Sessions Trial No. 485 of 2016 arising out of Bihpur (Jhandapur) P.S. Case No. 73 of 2016 for the offences alleged under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion and the F.I.R. is against unknown persons. The petitioner has been implicated on the confessional statement of co-accused Sundar Kumar who has since been granted bail by this Court in Cr. Misc. No. 38869 of 2016. So also other persons named by the said Sundar Kumar, such as Dilip Singh, Ritesh Mandal and Subham Kumar Singh have also been granted bail by this Court in Cr. Misc. Nos. 30902 of 2016, 47595 of 2016 and 30862 of 2016 respectively. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten

Patna High Court Cr.Misc. No.13177 of 2017 (2) dt.18-03-2017 2/2 thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-2, Naugachiya, Bhagalpur, in connection with Sessions Trial No. 485 of 2016 arising out of Bihpur (Jhandapur) P.S. Case No. 73 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/psc U T