Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 21536 of 2018 Arising Out of PS.Case No. -364 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Satyendra Singh S/o Raj Kishore Singh, R/o Village/Mohalla- Bara Nautan, P.S.- Marhaurah, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner, informant and the APP for the State.

Petitioner seeks bail in a case registered under Sections 302, 120B/34 of Indian Penal Code and Section 27 of Arms Act.

Learned counsel for the informant has opposed the prayer by submitting that the petitioner has actively participated in the crime. Learned counsel for the petitioner relies upon the order passed by this Court in favour of co-accused Shyam Tiwari in Cr Misc No 55180 of 2017 to submit that his case is identical and covered with the said petitioner. In view of the sequence of events disclosed in the rejoinder filed by the petitioner, it is submitted that earlier he was not aware of the pendency of Marhaura Police

Patna High Court Cr.Misc. No.21536 of 2018 (4) dt.23-05-2018 2/3 Station Case No 112 of 2015. The said case is pending under bailable section. In the said case, the police has released him on his bond furnished under Section 41 (1) of Criminal Procedure Code. It is further submitted that the petitioner is in custody in this case since 06.03.2018.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran, Chapra in Marhaurah Police Station Case No 364 of 2017 dated 29.08.2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T

Patna High Court Cr.Misc. No.21536 of 2018 (4) dt.23-05-2018 3/3