Bhushan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.57823 of 2015 (2) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57823 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -MASRAKH District- SARAN ====================================================== Bhushan Singh Son of Jamadar Singh Resident of Village - Chand Barwa, Police Station - Masrakh, District - Saran at Chapra, State - Bihar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Masrakh P.S. Case No. 168 of 2014 registered for the offence punishable under Section 302/34 of the Indian Penal Code. The petitioner wants to renew the prayer of bail, which was earlier rejected by order dated 4.3.2015 passed in Criminal Misc. No. 46867 of 2014, on the ground that the petitioner is in custody since 3.9.2014 and against the petitioner there is no specific allegation and further that the Police after reinvestigation has submitted final form by way of correction slip as the petitioner and two other co-accused have been found innocent and as such, the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.57823 of 2015 (2) dt.29-01-2016 Learned A.P.P. after going through the impugned order fairly submits that the investigating officer has filed correction slip on 2.5.2015 and has found the allegation not true against the petitioner.

In the facts and circumstances stated above, considering the period of detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge 8th, Saran at Chapra, in Sessions Trial No. 292 of 2015 arising out of Masrakh P.S. Case No. 168 of 2014, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) siddharth/- U T