Gaurav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42277 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -JAMUI District- JAMUI ====================================================== Gaurav Singh Son of Bablu Singh, resident of Village- Bhajour, P.S.+ District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 24.05.2017 in connection with Jamui P.S. Case No. 39 of 2017 for offences punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that one Chandan Kumar Singh took away the son of the informant along with his friend Md. Raja. After 1⁄2 hour she received information that her son and his friend both have been killed by Chandan Kumar Singh, Rocky Singh, Ashu Singh and

Patna High Court Cr.Misc. No.42277 of 2017 (2) dt.22-09-2017 2/3 Md. Samsad Alam.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and it is only on the basis of confessional statement of co-accused Sanjeev Kumar Singh that the petitioner had sat along with the co-accused and deceased that the name of the petitioner surfaced. He submits that the said co-accused Sanjeev Kumar Singh has been granted privilege of bail by this Court in Cr. Misc. No. 15617 of 2017 on 12.04.2017. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 39 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his

Patna High Court Cr.Misc. No.42277 of 2017 (2) dt.22-09-2017 3/3 relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T