Ramesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.47469 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47469 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -DARAUNDHA District- SIWAN ====================================================== Ramesh Singh, S/o Parsuram Singh, R/o Village- Purvi Harsar, P.S.- Daraundha, District- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.08.2015 in connection with Daraundha P.S. Case No. 65 of 2016, GR No. 1515/2016 for the alleged offences under Sections 307/34/120B of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event the main assailant is said to be coaccused Jitesh Kumar and no overt act has been attributed to the petitioner nor the petitioner is said to have been carrying any fire arms. The petitioner is alleged to be a conspirator merely on suspicion. Similarly situated co-accused Kanhaiya Singh has been granted bail by this Court in Cr. Misc. No. 49363 of 2016.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM VIII. Siwan in connection with Daraundha P.S. Case

Patna High Court Cr.Misc. No.47469 of 2017 (2) dt.18-10-2017 No. 65 of 2016, GR No. 1515/2016 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U