Patna High CourtCR. MISC./1960/2018bail granted

Bir Bahadur Singh v. The State Of Bihar

2018-01-12Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.1960 of 2018 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1960 of 2018 Arising Out of PS.Case No. -199 Year- 2017 Thana -BARAHARA District- BHOJPUR ====================================================== Bir Bahadur Singh, Son of Sri Ayodhya Singh @ Ram Ayodhya Singh, Resident of Village-Bakhorapur, Police Station-Barahara, DistrictBhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Bihari Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Barahara (Krishnagarh) P.S. Case No. 199 of 2017 for the offences alleged under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26 ad 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated only on the extra judicial confessional statement of coaccused Pintu Singh and the driver of the vehicle one day after the date of alleged occurrence. The petitioner is not named in the F.I.R. Co-accused Gorakh Mahto who is an F.I.R. named accused has been granted bail by this Court in Cr. Misc. No. 43032 of 2017. No recovery of any incriminating articles has been made from the possession of the petitioner, who claims clean antecedents.

4. Be that as it may, 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

Patna High Court Cr.Misc. No.1960 of 2018 (2) dt.12-01-2018 satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Barahara (Krishnagarh) P.S. Case No. 199 of 2017, G.R. No. 2731 of 2017, 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/- U T