Patna High CourtCR. MISC./28868/2017bail granted

Aman Singh v. The State Of Bihar

2017-07-20Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.28868 of 2017 (3) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28868 of 2017 Arising Out of PS.Case No. -454 Year- 2016 Thana -KHAZANIHAT District- PURNIA ====================================================== Aman Singh, son of Raj Kishore Singh, Resident of Sudin Chowk, Tatma Toli, P.S.- K. Hat (Sahayak) District- Purnia. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Pathak, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.01.2017 in connection with K. Hat P.S. Case No. 454 of 2016 for the offences alleged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the F.I.R. Except the extra judicial confession of co-accused Punkesh Kumar Singh, there is no other material to connect the petitioner with the alleged occurrence.

4. Learned A.P.P. refers to para-45 of the case diary containing the confessional statement of the said Punkesh Kumar Singh.

5. 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 satisfaction of learned Chief Judicial Magistrate, Purnia, in connection with K. Hat P.S. Case No. 454 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of

Patna High Court Cr.Misc. No.28868 of 2017 (3) dt.20-07-2017 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