Deepak Singh @ Deepak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52826 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -TEGHRA District- BEGUSARAI ====================================================== Deepak Singh @ Deepak Kumar Singh Son of Shri Radhey Shyam Singh Resident of Village - Madhurapur, Dakshinbari Tola, P.S. - Teghra, District - Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 302,307,147,148,149,323,447,386,506,341 and 114 of the Indian Penal Code and 27 of the Arms Act.

Counsel for the petitioner submits that the only allegation against the petitioner is that he has ordered the others to fire at one Nandu Kumar but the FIR discloses the murder of another person namely, Ram Chandra Das who was not even present at the place of occurrence. He further submits that he has falsely been implicated in the present case and the specific allegation of firing is alleged against Bankatesh Sing and Rahul Kumar. He also submits that though prior to the instant case there

Patna High Court Cr.Misc. No.52826 of 2017 (2) dt.09-11-2017 2/3 is one case pending against the petitioner which has been disclosed in para 3 of the petition but he is on bail. He further submits that charge-sheet has already been submitted so there is no chance of tampering with the case. He is in custody since 15.07.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Teghra P.S. Case No. 123 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

Patna High Court Cr.Misc. No.52826 of 2017 (2) dt.09-11-2017 3/3 (iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T