Diwakar Singh @ Mitthu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1612 of 2015 Arising Out of PS.Case No. -133 Year- 2012 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== DIWAKAR SINGH @ MITTHU SINGH Son of Chuman Singh Resident of Village-Chaubey Tola,P.S-Chanpatia,Distt.-West Champaran at Bettiah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Lochan, Advocate For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted that the petitioner has not been named in the F.I.R. F.I.R. has been lodged against six persons. The date of occurrence is 19/20.5.2012 whereas the name of the petitioner has appeared in the statement of Firoz Alam in para-154 of the case diary on 14.1.2014, i.e,, after more than one and half years that Prince Singh (who is dead) had stated before him that Prince and the petitioner, Diwakar Singh had caused the death of the deceased. Later on, the petitioner has also made confession before the police. However, after investigation chargesheet has already been submitted against the petitioner.

Patna High Court Cr.Misc. No.1612 of 2015 (4) dt.13-03-2015 2/2 Learned counsel for the State submits that the petitioner has also criminal antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to 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 the learned C.J.M., West Champaran at Bettiah in Chanpatia P. S. Case no. 133 of 2012 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T