Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57977 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -SONEPUR District- SARAN ====================================================== Raju Singh s/o Ram Kripal Singh, r/v-Patel Nagar near Bijali Office, P.S.- Sonpur, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv. For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Sonpur P.S. Case No. 63/2017, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Earlier, prayer for regular bail of petitioner was rejected by this court vide order dated 13.12.2017 passed in Cr. Misc. 49899/2017.

Allegation against the petitioner and others is that they borrowed huge money from brother of the informant. When brother of informant demanded his money, petitioner paid Rs. 17,000/- and assured to return the rest amount. Thereafter petitioner and co-accused, took away brother of the informant and killed him.

It has been submitted that petitioner has falsely been

Patna High Court Cr.Misc. No.57977 of 2018 (2) dt.19-09-2018 2/3 implicated in this case. His name surfaced in the case on the basis of suspicion. There is no eye-witness of the occurrence. Petitioner has no criminal antecedent. He is in custody since 31.05.2017. Co-accused Ramesh Rai has been granted anticipatory bail by this Hon'ble Court as contained in Annex-3 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge X, Saran at Chapra in connection with Sonpur P.S. Case No. 63/2017, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.57977 of 2018 (2) dt.19-09-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T