Awanish Kumar Singh @ Awanish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.58300 of 2015 (2) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58300 of 2015 Arising Out of PS.Case No. -124 Year- 2014 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Awanish Kumar Singh @ Awanish Kumar S/o Chandraket Singh R/o Village-Delho, P.S.-Madhuban, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Ram Naresh Ray(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Chakia P.S. Case No. 124 of 2014 registered for the offence punishable under Section 392 of the Indian Penal Code.

The petitioner is not named in the first information report, as submitted his name transpired in the confessional statement of co-accused Roushan Kumar Singh, the petitioner has not been put on test identification parade, he is in custody since 29.11.2014. It has further been submitted that similarly situated co-accused Birendra Mahto and Sujeet Kumar have been allowed bail vide Cr. Misc. No. 20932 of 2015 and 32966 of 2015 by another co-

Patna High Court Cr.Misc. No.58300 of 2015 (2) dt.01-02-2016 ordinate Bench of this Court and the petitioner by remaining in custody for more than a year has been sufficiently penalized to which learned APP does not dispute.

In the facts and circumstances stated above, the petitioner above named 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Chakia P.S. Case No. 124 of 2014, subject to the conditions that one of the bailors must be a 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) avin/- U T