Bimalesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49220 of 2015 Arising Out of PS.Case No. -77 Year- 2014 Thana -BHOJPUR GRP CASE District- BHOJPUR ======================================================

1. Bimalesh Kumar Singh S/o Anand Singh @ Anand Narayan Singh Vill. + P.O. Anaeth, P.S. Anaeth, Distt. - Bhojpur Ara .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been alleged that brother of the informant received a telephonic call and asked him to come to platform no.3. There some unknown persons have caused bullet injury and on that account the victim died. Later on the informant himself has given the name of the petitioner and others. Petitioner carries one criminal case over his head. The chargesheet has been submitted. There is no reason on behalf of the prosecution to explain why the informant did not name the

Patna High Court Cr.Misc. No.49220 of 2015 (2) dt.04-11-2015 petitioner earlier. One of the co-accused Tutto Chaudhary alias Rahul Ranjan Chaudhary has been granted bail by this Court vide Cr. Misc. No.41854 of 2015.

Having considered the facts and circumstances of the case, let petitioner, Bimalesh Kumar Singh, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Ara in connection with Rail Ara P.S. Case No.77 of 2014, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

Vinay/- (Shivaji Pandey, J) U T