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Patna High CourtCR. MISC./36751/2017allowed

Ranjan Singh v. The State Of Bihar

2017-10-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36751 of 2017 Arising Out of PS. Case No. -18 Year- 2017 Thana -DARAUNDHA District- SIWAN ====================================================== Ranjan Singh Son of Bachcha Singh, resident of Village - Bhauchapra, P.S. - Daraunda, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the State : Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-10-2017 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.03.2017 in connection with Daraunda P.S. Case No. 18 of 2017 for the offences alleged under Section 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 owing to political rivalry. The informant claims to be the eye-witness to the occurrence and has named all the seven persons who are said to have committed the offence. It is submitted that the statements of the witnesses have been recorded in the case diary and they are not eye-witnesses to the occurrence who have identified and named all the seven persons rather they have merely claimed to have seen the petitioner and other persons on motorcycles and apart from that, there is no material to connect the petitioner with the alleged offence.

4. 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/-

Patna High Court Cr.Misc. No.36751 of 2017 (4) dt.04-10-2017 2/2 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Siwan in connection with Daraunda P.S. Case No. 18 of 2017, 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.

(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) B.T/Chandran U T