Shyamjee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37818 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== SHYAMJEE SINGH S/o Shivlok Singh Resident of Village- Barem, P.S.- Nabinagar, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 353, 504, 506 IPC registered in connection with Navinagar P.S. Case No. 108/2019.

3. It is submitted that the petitioner has been falsely implicated as the petitioner has merely gone to enquire in the Circle Office on 16.04.2019 about the fate of his application for mutation preferred more than six months earlier on 04.09.2018. The accusations in the FIR are general and omnibus in nature and no criminal force or vandalism has been attributed to the petitioner. The case has been instituted for extraneous reasons and a submission is made at the Bar that the application for mutation remains pending till date. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Aurangabad, in connection with Navinagar P.S. Case No.

Patna High Court CR. MISC. No.37818 of 2019(2) dt.25-06-2019 2/2 108/2019 , subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T