Kariman Singh @ Raj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36136 of 2022 Arising Out of PS. Case No.-228 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Kariman Singh @ Raj Singh Son of Arvind Kumar Singh, R/O- Sundarpur Kudiya, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Nath Sinha, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ara Mufassil P.S. Case No. 228 of 2019, lodged under section 504, 307/34 of the Indian Penal Code read with Section 27 of Arms Act.
The present F.I.R. has been lodged against 4 unknown persons who came at the place of occurrence by two motorcycles.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence, his name has figured in this case by virtue of confessional statement of
Patna High Court CR. MISC. No.36136 of 2022(2) dt.20-09-2022 2/3 co-accused. He further submits that nothing was recovered from the possession of petitioner, as such arms act is not applicable. He further submits that petitioner is in custody since 27.04.2022, having clean antecedent and charge sheet has already been filed in this case.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ara, Bhojpur in connection with Ara Mufassil P.S. Case No. 228 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the
Patna High Court CR. MISC. No.36136 of 2022(2) dt.20-09-2022 3/3 petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T