Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22115 of 2020 Arising Out of PS. Case No.-145 Year-2017 Thana- BOCHAHAN District- Muzaffarpur ====================================================== BITTU SINGH Son of Ashok Kumar Singh Resident of Village-Dhanaur, P.SKatra, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bochahan P.S. Case No. 145 of 2017, registered for the offence punishable under Sections 302, 307, 120(B) of the Indian Penal Code and section 27 of the Arms Act.

It is alleged that 16 named and 03 unknown miscreants made indiscriminate firing upon the informant and his brother. Later on, the brother of informant succumbed to the injuries.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.22115 of 2020(2) dt.25-08-2020 2/3 petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of co-accused Monu Mishra. No incriminating article has been recovered from possession of this petitioner. Similarly situated co-accused have been granted bail by this court vide order dated 21.06.2018 passed in Cr. Misc. No. 22104 of 2018. Petitioner is in custody since 06.02.2020. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 11th Additional Sessions Judge, Muzaffarpur in connection with Bochahan P.S. Case No.

145 of 2017 corresponding to Sessions Trial No. 118 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.22115 of 2020(2) dt.25-08-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T