Hemant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60602 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -NAYAGAON District- SARAN ====================================================== Hemant Kumar Singh S/o Late Bhabhishan Singh, R/o Village- Darihara Bhual, P.S.- Dariyapur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Nayagaon Police Station Case No. 107 of 2017 registered for the offences punishable under sections 399, 402, 414 of the Indian Penal Code and 25 (1-b)a, 26, 35 of the Arms Act. The informant of this case happens to be Police Officer. It is alleged that on secret information the informant along with police party visited at the place of occurrence where altogether 07 accused persons had assembled to commit dacoity and on seeing the police party, they started fleeing away, but they were apprehended on chase.

It has been submitted that the petitioner has been

Patna High Court Cr.Misc. No.60602 of 2017 (2) dt.19-12-2017 2/3 apprehended merely on suspicion. He is resident of different place and nothing has been recovered from his possession except cash amount of Rs.6,550/-. He has clean antecedent and is in custody since 03.11.2017.

Considering the omnibus allegation of committing crime, facts and circumstances of the case, the prayer of bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Saran at Chapra in connection with Nayagaon Police Station Case No. 107 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

Patna High Court Cr.Misc. No.60602 of 2017 (2) dt.19-12-2017 3/3 (iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T