Alakh Niranjan Singh @ Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38669 of 2016 Arising Out of PS.Case No. -149 Year- 2012 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Alakh Niranjan Singh @ Niranjan Singh Son of Late Kedar Singh, Resident of Village- Damodarpur, Police Station- Rosra, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406 and 506/34 of the Indian Penal Code registered in connection with Ram Krishna Nagar P.S. Case No. 149 of 2012.

3. It is submitted that the petitioner has been falsely implicated as after due investigation, police had submitted charge sheet only against co-accused Shailendra Prasad Singh whereas the case was found to be not true against the petitioner and coaccused Ganesh Giri. Subsequently, however, cognizance has been taken. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, 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 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 Ms. Kumari Jyotshna, learned Judicial Magistrate Ist Class, Patna in connection with Ram Krishna Nagar P.S. Case No. 149 of 2012,

Patna High Court Cr.Misc. No.38669 of 2016 (2) dt.22-09-2016 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) The petitioner shall cooperate with the investigation 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) 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) Md. Ibrarul/BT U T