Lal Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77165 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== Lal Bahadur Singh Son of Nagendra Singh, Resident of Village- Sahsi, P.S. Chenari, District- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vikramdeo Singh, Mr. Sada Nand Roy, Advocates For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 395, 397 and 412 of the Indian Penal Code and Section 27(1-b)a, 26(ii), 27 and 35 of the Arms Act registered in connection with Sheosagar P.S. Case No. 248 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the first information report has been instituted by the Sub-Inspector of Police and not by the victim of the dacoity. No recovery of any incriminating materials has been made from house of the petitioner. The petitioner has been made accused in one other case after institution of the present case.

4. Be that as it may, in the event of the petitioner's arrest or 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 Additional Chief Judicial Magistrate, Sasaram (Rohtas) in connection with Sheosagar P.S. Case No. 248 of 2018, subject to the conditions

Patna High Court Cr.Misc. No.77165 of 2018(2) dt.17-01-2019 2/2 as laid down under Section 438 (2) Cr.P.C. and with further 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 till conclusion of the trial.

(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. (iv) That the petitioner shall cooperate with the 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.

(Vikash Jain, J) BT/Chandran U T