Ashok Kumar Singh @ Dara Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41267 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================

1. Ashok Kumar Singh @ Dara Singh Son of Late Ramniwas Singh Resident of Village - Shiv Nagar, P.S. - Wazirganj, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 The petitioner seeks regular bail in connection with Wazirganj P.S. Case No. 38 of 2017, registered for offences punishable under Sections 147, 148, 149, 302, 201 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner that he along with other co-accused persons have killed the son of informant. It has been submitted on behalf of the petitioner that though it is alleged that the motorcycle which has been used in the commission of offence has been recovered from the petitioner, however, from perusal of the F.I.R itself it will appear that no specific allegation or any role in the murder of the deceased, has been assigned to the petitioner, his name has been dragged in this case only on the basis of suspicion. Further petitioner has been in

judicial custody since 15.02.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, 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 ACJM-I, Gaya, in connection with Wazirganj P.S. Case No. 38 of 2017, subject to the 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) Petitioner shall mark his attendance in concerned police station in first week of each month till conclusion of trial.

(iv) 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 to appear before the

court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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