Navin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5715 of 2018 Arising Out of PS.Case No. -273 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Navin Singh, Son of Baleshwar Singh, Resident of Chainpura, P.S.- Warsaliganj, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody on his remand since 23.06.2017 in connection with Warsaliganj P.S. Case No. 273 of 2016 registered for the offences punishable under Sections 387/385/504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that he was arrested in connection with Warsaliganj P.S. Case No. 49 of 2017 and, thereafter, he was remanded in connection with the present case on the basis of his own confessional statement made before the police which has no evidentiary value. Learned counsel for the petitioner submits that he has been harassed in similar manner in several other cases in which he has been remanded due

Patna High Court Cr.Misc. No.5715 of 2018 (2) dt.02-02-2018 2/2 to no fault of his own.

Considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Warsaliganj P.S. Case No. 273 of 2016, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate 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.

(Anjana Mishra, J) Saif/- U T