Abhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24898 of 2018 Arising Out of PS.Case No. -7 Year- 2017 Thana -AJIMABAD District- BHOJPUR ======================================================

1. Abhay Singh, S/o Jai Nandan Singh, Residence of Village- Fatehpur Pali, P.S.- Paliganj, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indra Mohan Kumar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Ajeemabad P.S.Case No.07 of 2017 , registered for offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is of causing death of the brother of the informant and one accused has been named in e FIR. The petitioner is not named in the FIR and it appears that his name transpired during the course of investigation of the case.

Submission of the learned counsel for the petitioner is that except confessional statement of the co-accused there is absolutely nothing against the petitioner and confessional statement does not disclose that the petitioner was in any way concern with the causing death of the brother of the informant.

Patna High Court Cr.Misc. No.24898 of 2018 (3) dt.22-06-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Dinkar Kumar, J.M. Ist Class, Ara in connection with Azeema bad P.S.Case nO.07 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T