Bechan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44672 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- BELDOUR District- Khagaria ====================================================== Bechan Singh son of Late Sago Singh resident of village - Khapur, P.S. Ratwara, District Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Beldour P.S. Case No. 26 of 2018 registered for the offence punishable under Sections 302, 307/34 of the Indian Penal Code.

Allegation against the petitioner is causing two firing from his pistol on Sintu Kumar but there is no injury report. Statement of Sintu Kumar has not been recorded. However, as far as allegation against Santosh Mandal is concerned, he had fired on Chatish Rishideo father of Santu Kumar, who died on the spot. Earlier also this Court had directed the Superintendent of Police to produce the injury report of Sintu Kumar but even thereafter no injury report has been produced. Petitioner has got no criminal antecedent and is in custody since 16.03.2018.

Patna High Court Cr.Misc. No.44672 of 2018(4) dt.27-09-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Khagaria, in connection with Beldour P.S. Case No. 26 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U