Sushil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3428 of 2018 Arising Out of PS.Case No. -86 Year- 2017 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================
1. Sushil Singh, Son of Virendra Singh, Resident of Village- Maidhara, Police Station- Bikramganj, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends arrest in connection with Bikramganj Police Station Case No. 86 of 2017 registered for the offences under sections 147, 148, 149, 341, 323, 324, 307, 153, 153(A), 295, 295A, 337, 338, 353, 332, 435, 436, 379, 427 and 120 (B) of the Indian Penal Code.
Learned counsel for the petitioner submits that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, the petitioner has falsely been implicated in this case. Moreover, similarly situated co-accuseds, Munna Khan, Sonu Khan, Rocky Khan, Safi Akhtar, Saddam Quraishi, Maroo Quraishi, Kallu Quraishi, Sabir
Patna High Court Cr.Misc. No.3428 of 2018 (2) dt.02-02-2018 2/3 Qurasishi and Nasim Quraishi having similar allegation have already been granted anticipatory bail by one of the coordinate Bench of this Court in Cr. Misc. No. 39895 and 2017 on 21.09.2017. The case of the petitioner stands on similar footing. The learned counsel for the opposite party on the other hand opposed the submission.
Considering the facts and circumstance of the case, the prayer for bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bikramganj, Rohtas in connection with Bikramganj Police Station Case No. 86 of 2017, subject to conditions as laid down under section 438(2) Cr.P.C. with further conditions: (1) one of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned Court, (2) the petitioner will not induce any witness or tamper with the evidence (3) the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates
Patna High Court Cr.Misc. No.3428 of 2018 (2) dt.02-02-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail and (4) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T