Patna High CourtCR. MISC./40478/2014bail granted

Sudhir Singh v. The State Of Bihar

2015-03-04Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.40478 of 2014 (2) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40478 of 2014 Arising Out of PS.Case No. -176 Year- 2013 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Sudhir Singh Son of Mishri Lal Singh Resident of Village-Hirpur, P.S.- Janhada, District-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 302/34of the Indian Penal Code registered in connection with Jandaha P.S. Case No. 176 of 2013.

3. It is submitted that the petitioner has been falsely implicated and has not been named in the F.I.R. Despite three statements before the police he was not named and after inordinate delay of one and half months suspicion was raised by maternal grand father and maternal uncle of the deceased along with one Dilip Kumar Singh, the later having since been granted bail by this Court in Criminal Miscellaneous No. 14797 of 2014. The petitioner claims to

Patna High Court Cr.Misc. No.40478 of 2014 (2) dt.04-03-2015 be similarly situated to the said Dilip Kumar and claims clean criminal antecedent.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 176 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C with additional condition that the petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T