Shambhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31739 of 2019 Arising Out of PS. Case No.-172 Year-1996 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
SHAMBHU SINGH Son of late Baldeo Singh Residence of Village-Katma, P.S.-Manigachhi, District-Darbhanga.
2.
Mahanand Singh @ Mahanand Kumar Son of Late Satya Narayan Singh Resident of Village-Narayanpur, P.S.-Sakatpur, District-Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kedar Jha For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-07-2019 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners seek bail in Manigachhi P. S. Case No. 172 of 1996 instituted for the offence under Section(s) 147,148,149,447,323, 324,325,307, 353, 427,109,337,338 and 114 of the Indian Penal Code and Section 27 of the Arms Act. A supplementary affidavit has been filed on behalf of the petitioners which is taken on record.
This is a case of misuse of privilege of bail. This is a case registered for the offence under Sections 147,148,149,447,323, 324,325,307, 353, 427,109,337,338 and 114 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.31739 of 2019(3) dt.01-07-2019 2/3 The Sessions Judge has mentioned in the impugned order that the bail bond of the petitioners was cancelled on 27.2.2019. Thereafter, the petitioners have surrendered voluntarily in Court on 2.4. 2019.
This Court finds that petitioners have sufficiently been punished for the laches on their part.
Petitioners are in custody since 2.4. 2019 having no criminal antecedent.
Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the IInd Addl. Sessions Judge, Darbhanga, Dist. Darbhanga, in connection with Manigachhi P. S. Case No. 172 of 1996, arising out of S.T. No. 324 of 2004, subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioner.
(ii) The petitioner s shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioners.
(iii) If petitioners tamper with the evidence in the
Patna High Court CR. MISC. No.31739 of 2019(3) dt.01-07-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail bond of the petitioners.
(Sanjay Priya, J) shyambihari/- U T