Sunil Singh @ Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41763 of 2017 Arising Out of PS.Case No. -37 Year- 2015 Thana -KOPA District- SARAN ====================================================== Sunil Singh @ Sunil Kumar Singh, Son of Shila Singh, Resident of VillageRam Nagar, P.S.- Kopa, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kopa P.S. Case No. 37 of 2015 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that during investigation, by the police, petitioner has not been sent up for trial. The learned court below after submitting Final Form, took cognizance against the petitioner and other accused persons. In the written report, mere suspicion has been raised against the petitioner that he was last seen with the deceased.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.41763 of 2017 (2) dt.11-09-2017 2/2 weeks from today, in connection with Kopa P.S. Case No. 37 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T