Patna High CourtCR. MISC./29682/2015bail granted

Buchun Singh @ Sri Bhagwan Singh v. The State Of Bihar

2015-07-28Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29682 of 2015 Arising Out of PS.Case No. -37 Year- 2013 Thana -BARAULI District- GOPALGANJ ====================================================== Buchun Singh @ Sri Bhagwan Singh S/o Shyam Bahadoor Singh @ Kaka resident of Village:- Paigambarpur, P.S.- Muffasil, District:- Siwan .... .... Petitioner

Versus

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

For the Petitioner : Mr. Indrajeet Bhushan, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379 of the Indian Penal Code registered in connection with Barauli P.S. Case No. 37 of 2013.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the first information report and there is no recovery of any incriminating material from his conscious possession. It is further submitted that the stand of the petitioner is far better footing than Mohrram Mian @ Moharram who has been granted anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No.52126 of 2014.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or

Patna High Court Cr.Misc. No.29682 of 2015 (2) dt.28-07-2015 2/2 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, Gopalganj, in connection with Barauli P.S. Case No. 37 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation 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.

(ii) 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) B.T/- U T