Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47255 of 2017 Arising Out of PS.Case No. -382 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ====================================================== Dilip Singh, Son of Lalit Singh, Resident of Village- Balahata, P.S.- Uchkagaon, District - Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party: Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.07.2017 in connection with Mirganj P.S. Case No. 382 of 2016 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on the confessional statement of co-accused Manish Yadav, who has since been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 8186 of 2017 vide order dated 10.03.2017. It is further submitted that no test identification parade has been conducted for identification of the petitioner. It is submitted that except confessional statement, there is no material to connect the petitioner with the alleged offence. The petitioner claims clean antecedents.

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/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVI, Gopalganj in connection with Mirganj P.S. Case No. 382 of 2016, on

Patna High Court Cr.Misc. No.47255 of 2017 (2) dt.17-10-2017 2/2 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