Omkar Nath Singh @ Sheru Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42510 of 2022 Arising Out of PS. Case No.-400 Year-2016 Thana- BUXAR District- Buxar ====================================================== Omkar Nath Singh @ Sheru Singh S/O- Krishna Singh R/O Vill - Dulhanpur, P.S.- Simri, Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 467, 468, 471, 420, 472, 34, 196 of the Indian Penal Code and Section 66 (C) of IT Act. Earlier, prayer for bail of the petitioner was rejected vide order dated 09.11.2020 passed in Cr. Misc. No. 23703 of 2020 with liberty to the petitioner to renew his prayer for bail after six months, if trial is not concluded within the stipulated period.

In pursuance to the order dated 24.08.2022, status report in connection with Buxar (T) P.S. Case No. 400 of 2016 has been received and kept at Flag-R, in which it is reported that uptill now two prosecution witnesses have already been examined.

Patna High Court CR. MISC. No.42510 of 2022(3) dt.02-11-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has criminal antecedent and he is languishing in judicial custody 31.03.2017. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Buxar (T) P.S. Case No. 400 of 2016, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the

Patna High Court CR. MISC. No.42510 of 2022(3) dt.02-11-2022 3/3 local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T