Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15741 of 2017 Arising Out of PS.Case No. -323 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ====================================================== Vivek Singh, Son of Byash Singh, Resident of village - Bhore ( Dachhin Tola ), Police Station Bhore, District - Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-04-2017 Heard Sri Raghav Prasad, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

This is the second attempt for grant of bail on behalf of the petitioner in Mirganj P.S. Case No.323/14 (Corresponding to S.Tr.No.65/17) registered for the offence under Section 392 of the Indian Penal Code, later on Section 395 of the Indian Penal Code was added. Earlier, the prayer for bail of the petitioner was rejected. However, learned counsel for the petitioner has drawn my attention to Annexure-3 to the petition i.e.

copy of complaint petition vide Complaint Case No.2541/2014 which, according to the petitioner, was filed by his father , namely, Sri Byash Singh against the Officer Incharge as

Patna High Court Cr.Misc. No.15741 of 2017 (2) dt.12-04-2017 2/3 well as five constables of Bhore Police Station. This complaint petition was filed on 08.09.2014 and only after filing of such complaint petition, the petitioner and his family are being victimized by Bhore Police. Though the present case was lodged against unknown, the petitioner was implicated on the basis of confessional statement of co-accused. Normally, in a bail petition , once the prayer for bail was rejected, this Court is not entertaining the case on merit, but since a submission was made by learned counsel for the petitioner that earlier complaint petition filed by father of the petitioner was not brought on record , this Court was persuaded to re-hear the matter on merit.

While rejecting the prayer for bail of the petitioner, this Court had considered that the petitioner was accused in number of cases as disclosed in paragraph-3 of the earlier bail petition. However, learned counsel for the petitioner submits that all such cases were instituted subsequent to filing of the complaint case by father of the petitioner. He further reiterates that in this case at least three accused were extended the privilege of anticipatory bail. In view of facts and circumstances, let the petitioner, namely, Vivek Singh be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.15741 of 2017 (2) dt.12-04-2017 3/3 Gopalganj in S.Tr.No.65/17 arising out of Mirganj P.S.Case No.323/14.

(Rakesh Kumar, J) NKS/- U T