Arjun @ Timal Bind @ Arjun Singh @ Arjun Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 25286 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== ARJUN @ TIMAL BIND @ ARJUN SINGH @ ARJUN BIND S/o Jaddu Bind R/o village- Kamruddinpur, Uttar Bhag, P.S.- Singhoul, Distt.- Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal For the Opposite Party/s :
Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 05.06.2018 in connection with Khagaria (Gangour) P.S. case No. 308 of 2018 registered for the offense punishable under Sections 395/412 of the Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act.
Learned counsel for the petitioner submits that though the petitioner is named in the F.I.R., his name surfaced subsequently on the basis of the confessional statement made before the police by one co-accused, namely, Bablu Singh, who was arrested at the place of occurrence and who disclosed that the petitioner was one of the persons who had fled away, which has no evidentiary value. It is further submitted that the
Patna High Court CR. MISC. No. 25286 of 2019(2) dt.19-04-2019 2/3 petitioner was put on T.I. Parade, but none of the witnesses could succeed in identifying the petitioner. He also submitted that similarly situated co-accused person, namely, Sanjay Paswan, has since been extended the privilege of regular bail by this Hon'ble Court vide order dated 16.01.2019 passed in Cr. Misc. No. 2067 of 2019.
In view of the aforementioned facts and circumstances, let the petitioner above named 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 District and Sessions Judge, Khagaria, in connection with Khagaria (Gangour) P.S. case No. 308 of 2018, subject to the following conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
Patna High Court CR. MISC. No. 25286 of 2019(2) dt.19-04-2019 3/3
(4) The petitioner shall co-operate 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. (Anjana Mishra, J) Saif/- U T