Govind Singh @ Dhoda Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43938 of 2017 Arising Out of PS.Case No. -321 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Govind Singh @ Dhoda Singh, Son of Pappu Singh @ Shashi Kiran Singh, R/v- Bheria, P.S. - Durgawati, Distt.- Kaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party : Mr. Sanjay Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-09-2017 Supplementary affidavit has been filed on behalf of the petitioner stating therein that due to typographical mistake in para 3 of the bail application criminal antecedent of the petitioner has been typed, though he has got no criminal antecedent. Let it be kept on record.

Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mohania P.S. Case No. 321 of 2015, registered for the offences punishable under Sections 414, 412 of the Indian Penal Code.

A motorcycle, bearing registration no. BR-45A/7415 and a sum of Rs. 50,000/- was recovered from the possession of one Ajit Kumar, F.I.R. named accused. It is alleged that he

Patna High Court Cr.Misc. No.43938 of 2017 (2) dt.19-09-2017 2/3 disclosed the name of this petitioner to have participated along with him in the commission of loot in a pick-up van. Submission is of false implication and that said statement of co-accused has got no evidentiary value in the eye of law, there is no material implicating this petitioner, the petitioner has got no criminal antecedent. Similarly situated co-accused Nachak Singh has been allowed pre-arrest bail vide Cr. Misc. No. 14363 of 2016 vide order dated 21.04.2016 by another co-ordinate bench of this Court and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that co-accused Nachak Singh has been allowed pre-arrest bail. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Kaimur (Bhabua), in connection with Mohania P.S. Case No. 321 of 2015, subject to the conditions as laid down in section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear

Patna High Court Cr.Misc. No.43938 of 2017 (2) dt.19-09-2017 3/3 before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Jitendra Mohan Sharma, J.) Rajiv/- U T