Patna High CourtCR. MISC./8916/2017bail granted

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

2017-03-16Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.8916 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8916 of 2017 Arising Out of PS.Case No. -184 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Rishu Kumar Singh @ Rishu Singh son of Late Krishana Murari Singh, resident of Village- Maharath Pur, P.S. Begusarai Muffasil (Singhaul), presently resides at Harrakha, P.S. Begusarai Town, Dist- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shubhesh Pandey, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.01.2017 in connection with Begusarai Town P.S. Case No. 184 of 2016 for the offences alleged under Sections 379, 411, 414, 467, 468, 471 and 420 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Manish Thakur, the latter having been granted bail by this Court in Cr. Misc. No. 47395 of 2016. Though the said Manish Thakur had named two persons in the F.I.R. but in his reinstatement before the police he has subsequently named the petitioner which is clearly an afterthought. The petitioner was initially arrested in Begusarai Town P.S. Case No. 575 of 2015, pursuant to which he was implicated in other cases including the present one.

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 Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 184 of 2016, on the following

Patna High Court Cr.Misc. No.8916 of 2017 (2) dt.16-03-2017 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/BT U T