Patna High CourtCR. MISC./33143/2016bail granted

Santosh Singh @ Santosh Kumar Singh v. The State Of Bihar

2016-08-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33143 of 2016 Arising Out of PS.Case No. -55 Year- 2009 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Santosh Singh @ Santosh Kumar Singh, son of Late Lalita Singh, resident of Village: Isiya, P.S: Chainpur, District: Kaimur (Bhabua). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.06.2016 in connection with Chainpur P.S. Case No. 55 of 2009 for the alleged offences under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as the main assailant in the case was Rakesh Singh who said to have fired upon the deceased. The petitioner's case stands on a better footing than that of the co-accused Hari Shankar Singh. After due investigation by the police final form has been submitted against the petitioner and the other co-accused including Hari Shankar Singh who has since been granted bail by this Court in Cr. Misc. No. 25399 of 2016.

Patna High Court Cr.Misc. No.33143 of 2016 (3) dt.23-08-2016

4. 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 Sri Manoj Kumar, learned J.M. Ist Class, Kaimur at Bhabua, in connection with Chainpur P.S. Case No. 55 of 2009 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.

(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.

(Vikash Jain, J) Chandran/Ibrar U T