Guddu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23871 of 2019 Arising Out of PS. Case No.-326 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== GUDDU SINGH, aged 35 years (M) Son of Hari Shankar Singh Resident of Village-Bathna, P.S-Motipur, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 09.12.2018 in connection with Chakia P.S.Case No.326 of 2018 for the offence alleged under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b), a, 26 and 35 of the Arms Act.
The prosecution case as lodged by the police officials is that on secret information that the petitioner who is a notorious criminal in road robbery is going with his gang to Motihari on a motorcycle, the police intercepted the tractor and motorcycle and apprehended eight persons. While arms and ammunitions were recovered from the other co-accused, from the possession of the petitioner, one country made pistol with
Patna High Court CR. MISC. No.23871 of 2019(2) dt.16-04-2019 2/3 two live cartridges were recovered. Accordingly, a seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that chargesheet has already been submitted, there being no allegation of tampering with the prosecution evidence/witnesses. He further submits that two coaccused have been granted the privilege of bail by coordinate Benches of this Court in Cr.Misc.No.14988 of 2019 dated 13.03.2019 and Cr.Misc.No.23103 of 2019 dated 10.04.2019. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and two more cases are pending against him although the counsel for the petitioner submits that in both the cases, the petitioner has been enlarged on bail.
Considering the nature of allegations and that chargesheet has already been submitted as well as the fact that other co-accused apprehended along with petitioner has been granted the privilege of bail, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Chakia P.S.Case No.
Patna High Court CR. MISC. No.23871 of 2019(2) dt.16-04-2019 3/3 satisfaction of learned 13th Additional Chief Judicial Magistrate, East Champaran at Motihari, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T