Biran Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26722 of 2018 Arising Out of PS.Case No. -68 Year- 2013 Thana -MASAURHI District- PATNA ====================================================== Biran Singh son of Satya Narayan Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satrudhan Kumar For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 11.01.2018 in connection with Masaurhi P.S. Case No. 68/2013 registered for the offences punishable under Section 302/201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it is merely on the basis of suspicion that the petitioner has been implicated in connection with the present case. It is further submitted that admittedly the deceased was in the habit of taking ganja and after recovery of body no injury has been found on the person of the deceased. It is further submitted that on the basis of such suspicion that the deceased had been sitting together and consuming Ganja, it has been presumed that the

petitioner has a role to play in the death of the deceased. Learned counsel for the petitioner further submits that he has no criminal antecedent and shall co-operate in course of the trial.

In view of the aforementioned facts and circumstances, 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 S.D.J.M., Masaurhi, Patna, in connection with Masaurhi P.S. Case No. 68/2013, subject to the following conditions:-

(1) One of the bailors will be his father.

(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