Bablu Singh @ Bahkatta @ Bankatta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.265 of 2018 Arising Out of PS.Case No. -97 Year- 2011 Thana -AWTARNAGAR District- SARAN ======================================================

1. Bablu Singh @ Bahkatta @ Bankatta, S/o Late Sachidanand Singh, resident of Village- Machhunai, P.S.- Awatarnagar, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 14.09.2017 in connection with Awatarnagar P.S. Case No. 97 of 2011 for the offence registered under Sections 364/34 of the Indian Penal Code and later on, Section 302, 201/34 were added. Learned counsel for the petitioner submits that he has been falsely implicated in the present case on mere suspicion. It is further submitted that, at best, it can be treated as a case of last seen. It is further submitted that similarly situated co-accused persons have been extended the privilege of bail vide order dated 12.12.2012 passed in Cr. Misc. No. 46899 of 2012 and vide order dated 20.06.2013 passed in Cr. Misc. No. 6248 of 2013.

Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Awatarnagar P.S. Case No. 97 of 2011, subject to the following conditions :-

(1) One of the bailors will be his own relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate 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.

(Anjana Mishra, J) Jagdish/- U T