Dhab Singh @ Alok Singh @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12827 of 2017 Arising Out of PS.Case No. -134 Year- 2015 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Dhab Singh @ Alok Singh @ Baba, Son of Anirudh Singh, Resident of Village- Mora Khash, Police Station- Bhagwanpur Hat, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bijay Prakash Singh. 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 24.01.2017 in connection with Bhagwanpur Hat P.S. Case No. 134 of 2015 for the offences alleged under Sections 379 and 411/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the first information report. No recovery of any incriminating articles has been made from the possession of the petitioner. Except extra-judicial confession of coaccused Rannu Pandey, there is no material to connect the petitioner with the alleged occurrence. The petitioner is on bail in respect of a case in which he has been made accused, as stated in paragraph 2 of the supplementary affidavit filed today.

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 thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Siwan in connection with Bhagwanpur Hat P.S. Case No. 134 of 2015 with

Patna High Court Cr.Misc. No.12827 of 2017 (2) dt.18-03-2017 2/2 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) B.T/Ibrar U T