Shallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22957 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- IMADPUR DistrictBhojpur ====================================================== SHALLU SINGH aged about 25 years, male, Son of Late Mina Singh Resident of Village-Bihta, P.S-Imadpur, District-Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Uday Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 149, 283, 353, 504 of the Indian Penal Code registered in connection with Imadpur P.S. Case No. 11 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against as many as five named and ten unknown persons. The accusations are general and omnibus in nature without any specific assault attributed to the petitioner. No overt act has been alleged against the petitioner. Similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 58321 of 2018. There is only one prior case of different nature in which he has been granted bail by the learned Court below.

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

Patna High Court CR. MISC. No.22957 of 2019(2) dt.11-04-2019 2/2 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 Sri Ranjan Kumar, learned Judicial Magistrate 1st Class, Ara, District- Bhojpur, in connection with Imadpur P.S. Case No. 11 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following 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 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T