Patna High CourtCR. MISC./35708/2017bail granted

Dhiraj Singh @ Dhiraj Kumar v. The State Of Bihar

2017-08-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35708 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -BARHARA District- BHOJPUR ======================================================

1. Dhiraj Singh @ Dhiraj Kumar Son of Sri Ramesh Singh, R/o VillageSemariya, P.S.- Barhara, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 The petitioner is in custody since 28.01.2017 in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 19 of 2017, registered for offences punishable under Section 395 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner has not been named in the F.I.R. and the case has been lodged under Section 395 of the Indian Penal Code from which it appears that on confessional statement of the co-accused, name of this petitioner has been transpired in this case. Except confession, there is nothing against the petitioner. Neither anything incriminating has been recovered from the conscious possession of the petitioner nor he has been put on T.I.P. as yet and he has been rotting in custody for more than six months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.35708 of 2017 (2) dt.08-08-2017 2/2 Having heard both the sides, considering the facts and circumstances of the case, as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 19 of 2017, 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) brajesh/- U T