Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43057 of 2017 Arising Out of PS.Case No. -544 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vikash Singh, S/o Manoj Kumar Singh @ Vinod Kumar Singh, Resident of Village- Mohalla Agarva, P.S.- Nagar, Motihari, District- East Champaran and Permanent Resident of Village- Bhawanipur Thikha, P.S. Sangrampur, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.06.2015 in connection with Sessions Trial No. 277 of 2016 arising out of Nagar (Town Motihari) P.S. Case No. 544 of 2014 for the offences alleged under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the informant himself, in paragraph-3 of which he has denied having identified the petitioner and other co-accused persons named in the F.I.R. and has stated that he does not recognize the said persons.

Patna High Court Cr.Misc. No.43057 of 2017 (3) dt.17-10-2017

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody since 20.06.2015 already suffered, 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 Additional District & Sessions Judge-9th, East Champaran, Motihari, in connection with Sessions Trial No. 277 of 2016 arising out of Nagar (Town Motihari) P.S. Case No. 544 of 2014, 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.

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