Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 52897 of 2017 Arising Out of PS.Case No. -214 Year- 2015 Thana -HUSAINGANJ District- SIWAN ====================================================== Ajit Singh, aged about 40 years, son of Anil Singh, resident of Village - Chhajauna, PS - Ander, Dist - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Mithilesh Kumar, Advocate For the S t a t e : Ms Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 341, 323, 307, 413, 414 of Indian Penal Code and Sections 25 (1-B) a, 26, 27, 35 of the Arms Act. The first information report has been lodged on the basis of information that quarrel had taken place at the Mela. On going there, it is alleged that the accused persons also indulged in assault. One Pankaj Singh is said to have been arrested from the alleged place of occurrence. Counsel for the petitioner submits that the petitioner has been remanded in this case merely on the basis of his implication by the said Pankaj Singh (co-accused). The petitioner has neither been arrested on the spot nor anything incriminating has been recovered from his possession. It is further

Patna High Court Cr.Misc. No.52897 of 2017 (2) dt.09-11-2017 2/2 submitted that the said Pankaj Singh (co-accused) has been granted bail by this Court by order dated 18.04.2016 passed in Cr Misc No 15382 of 2016.

Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Hussainganj Police Station Case No 214 of 2015 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T