Biru Kumar @ Veer Kumar Singh @ Veer Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 12837 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Biru Kumar @ Veer Kumar Singh @ Veer Singh Son of Upendra Singh resident of village Birpur, P.S. - Murar, District - Buxar. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Alok For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-05-2017 Heard Sri Alok, learned counsel for the petitioner and Sri Harendra Prasad, learned Addl. Public Prosecutor. This is the 2nd attempt for grant of bail on behalf of the petitioner. Earlier, the prayer for bail of the petitioner was rejected on 29-06-2016, vide Cr. Misc. No. 40767 of 2016. Learned counsel for the petitioner submits that petitioner has been made accused in the present case i.e. Haspura P.S. Case No. 7 of 2016, registered for offence under Sections 394, 395, 328, 412 and 120(B) of the Indian Penal Code, on the basis of confession of one of the co-accused, who was already granted bail.
He further submits that despite the fact that petitioner is in custody since 02-08-2016, though in this case chargesheet was submitted and cognizance order was passed, till date, the case has not been committed to the court of sessions.
Patna High Court Cr.Misc. No.12837 of 2017 (3) dt.03-05-2017 2/2 at flag 'A'. The report dated 11th April, 2017 indicates that after cognizance, the case has not been committed to the court of sessions. Ofcourse, a plea has been taken that petitioner is not being produced from the jail.
Be that as it may, considering the fact that case has not been committed to the court of sessions as well as the fact that the accused, on whose confession petitioner was made accused, has already been granted bail, there is no reason to further detain the petitioner.
Let the petitioner namely Biru Kumar @ Veer Kumar Singh @ Veer Singh be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, District Aurangabad in connection with Haspura P.S. Case No. 07 of 2016, with condition that one of the bailor must be blood relation of the petitioner and secondly, during the trial, the petitioner shall remain physically present on each and every date. If continuously on two dates the petitioner fails to appear before the trial court, without prior permission of the trial court, his bail-bond shall stand automatically cancelled.
(Rakesh Kumar, J.) Anay U T