Patna High CourtCR. MISC./11964/2016bail granted

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

2016-03-18Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.11964 of 2016 (2) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11964 of 2016 Arising Out of PS.Case No. -170 Year- 2015 Thana -KURTHA District- JEHANABAD ====================================================== Santosh Singh @ Santosh Kumar Singh, Son of Ganauri Singh @ Ranchandra Singh, Resident of Village- Nadaura, Police Station- Kurtha, District- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Chandra Bose, Adv. For the Opposite Party/s : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 447, 332, 333, 323, 337, 307, 427, 435, 353 and 379 of the Indian Penal Code and 3/4 Prevention of Damage of Public Property Act registered in connection with Kurtha P.S. Case No. 170 of 2015.

3. It is submitted that the petitioner has been falsely implicated being merely a member of a mob about 250 to 300 persons and no overt act whatsoever has been imputed to the petitioner and the accusations are general and omnibus in nature.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest

Patna High Court Cr.Misc. No.11964 of 2016 (2) dt.18-03-2016 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 Sri Ashok Raj, learned Chief Judicial Magistrate, Arwal, in connection with Kurtha P.S. Case No. 170 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

(i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T