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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72704 of 2018 Arising Out of PS. Case No.-249 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Abhishek Kumar Singh @ Abhishek Kumar, S/o Chandraket Singh, R/o Village- Delho, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, who is in custody since 29.09.2017, seeks to renew his prayer for bail in connection with Madhuban P.S. Case No.249 of 2017 registered for the offence under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)r, 26 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has already been in custody for more than one year and his prayer for bail was earlier rejected on the ground of criminal antecedent. It is further submitted that the police had remanded the petitioner one by one in several cases though he was a juvenile and for this reason, the petitioner has been languishing in jail. Learned counsel for the

Patna High Court Cr.Misc. No.72704 of 2018(2) dt.16-01-2019 2/3 petitioner further submits that the petitioner is willing to furnish sureties in his favour and, therefore, in view of the period of custody, the petitioner may be extended the privilege of bail.

Having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No.249 of 2017, subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the

Patna High Court Cr.Misc. No.72704 of 2018(2) dt.16-01-2019 3/3 investigation, if not already concluded, 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. (Anjana Mishra, J) PNM U T