Murari Singh @ Kartikesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60545 of 2018 Arising Out of PS.Case No. -110 Year- 2017 Thana -BHAIRAVSHTHAN District- MADHUBANI ======================================================

1. Murari Singh @ Kartikesh Singh S/o Sanjay Singh, R/o Vill.- Kapariya, P.S.- Khazauli, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratamakar Jha, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.-116 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Bhairab Asthan P. S. Case No. 110 of 2017, corresponding to G.R. No. 1864 of 2017, registered for offences punishable under Section 394 of the Indian Penal Code.

Allegation as per F.I.R. is that the petitioner along with three accused persons demanded money from the informant and due to non payment of money, the informant was assaulted with knife blow on the right thigh and they fled away. Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and no incriminating articles has been recovered from the possession of

Patna High Court Cr.Misc. No.60545 of 2018 (2) dt.06-10-2018 2/3 the petitioner and the petitioner is in custody since 22.03.2018 and charge sheet has been submitted and except confessional statement of petitioner in which he has named Amresh Kumar Singh, who has assaulted the informant and knife was recovered from Amresh Kumar Singh and there is nothing against the petitioner and other co-accused have been granted bail by the learned lower court.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur in connection with Bhairab Asthan P.S.Case No. 110 of 2017, corresponding to G.R. No. 1864 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

Patna High Court Cr.Misc. No.60545 of 2018 (2) dt.06-10-2018 3/3 iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) Sudha/- U T