Anil Singh @ Aniya @ Mamu v. The State Of Bihar
Patna High Court Cr.Misc. No.20703 of 2016 (2) dt.16-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20703 of 2016 Arising Out of PS.Case No. -359 Year- 2013 Thana -BIRAUL District- DARBHANGA ====================================================== Anil Singh @ Aniya @ Mamu, Son of late Devan Singh, Resident of Village Banni PS Maheshkhunt District Khagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate. For the Opposite Party/s : Mr. Gopesh Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Biraul P.S. Case No. 359 of 2013 registered under Sections 414 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act. The accusation is that on seeing the police three persons were moving towards Darbhanga on a motorcycle, while petitioner was apprehended by the police but two others succeeded to fee away. On search, one loaded country made pistol, ten live cartridges of 315 bore and twelve live cartridges of 9 MM were recovered from possession of the petitioner.
Learned counsel for the petitioner submits that while the petitioner is accused in four other cases, but in all four cases,
Patna High Court Cr.Misc. No.20703 of 2016 (2) dt.16-05-2016 he is on bail and in present case, he is in custody since 01.11.2013. The charge has been framed against the petitioner on 26.05.2014 but there is no chance to conclude the trial in near future. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Biraul, Darbhanga, in connection with Trial No. 651 of 2016 arising out of Birual P.S. Case No. 359 of 2013.
Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.