Patna High CourtCR. MISC./6561/2017bail granted

Sarjeet Singh v. The State Of Bihar

2017-02-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6561 of 2017 Arising Out of PS.Case No. -471 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Sarjeet Singh, son of Late Veerapal Singh, aged about 30 years, resident of Village- Jethpura, P.S. Mainather, district- Muradabad (U.P) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shama Sinha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 01.08.2016 in connection with Sessions Trial No. 359 of 2016 arising out of Khagaria (Muffasil) P.S. Case No. 471 of 2016, G.R. No. 1613 of 2016 for the offences alleged under Sections 25(1-AA), 26(i) of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event one bag containing arms and ammunition said to have been recovered from four persons including the petitioner. As such no recovery specifically said to have been made from the conscious possession of the petitioner. Similarly situated co-accused namely Md. Afsar and Brajesh Yadav have been granted bail by this Court in Cr. Misc. Nos. 50072 of 2016 and Cr. Misc. No. 2286 of 2017 respectively.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.6561 of 2017 (2) dt.22-02-2017 2/2 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 Sessions Judge, Khagaria, in connection with Sessions Trial No. 359 of 2016 arising out of Khagaria (Muffasil) P.S. Case No. 471 of 2016, G.R. No. 1613 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/Chandran U T