Sachin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40981 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -PAKRIDAYAL District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Sachin Kumar Singh Son of Arun Singh, R/o village- Belbanawa, P.S.- Motihari Town, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pakarideyal P.S. Case No.97 of 2016, registered for offences punishable under Sections 307, 302, 120B, 34 of the Indian Penal Code as well as Section 27 of the Arms Act.

Petitioner is not named in the F.I.R. During investigation, his name transpires in this case. Submission of learned counsel for the petitioner is that other co-accused having almost similar allegation have been granted anticipatory bail vide order dated 22.12.2016, passed in Cr. Misc. No.42764 of 2016 and order dated 08.02.2017, passed in Cr. Misc. No.52917 of 2016, and petitioner is in custody for about 61⁄2 months.

Patna High Court Cr.Misc. No.40981 of 2017 (2) dt.06-09-2017 2 /2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Pakarideyal P.S. Case No.97 of 2016, with following conditions: (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J.) S.Kumar/- U T