Vijay Kumar Singh @ Tumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51337 of 2017 Arising Out of PS.Case No. -166 Year- 2017 Thana -MAIRWA District- SIWAN ====================================================== Vijay Kumar Singh @ Tumari son of Birhahadur Singh @ Tejbahadur Singh, resident of Village- Chotka Manjha, P.S.- Mairwa, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Chandra, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.06.2017 in connection with Mairwa P.S. Case No. 166 of 2017 for the offences alleged under Sections 394/302 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and the first information report is against unknown persons. The name of the petitioner has transpired on the extra judicial confessional statement of the accused Vinay Kumar Singh who has named the other accused persons including Kripesh Kumar Singh, who has been granted bail by this Court in Cr. Misc. No. 40791 of 2017. The case of the petitioner stands on a better footing than that of co-accused Kripesh Kumar Singh. 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, VII,

Patna High Court Cr.Misc. No.51337 of 2017 (2) dt.09-11-2017 2/2 Siwan in connection with Mairwa P.S. Case No. 166 of 2017, on 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