Bhardul Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.6151 of 2016 (2) dt.29-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6151 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -NAVHATTA District- SASARAM (ROHTAS) ====================================================== Bhardul Singh S/o Late Ram Janam Singh, resident of village- Pipradih, P.S.- Nauhatta, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nauhatta P.S. Case No. 11 of 2015 registered for the offences punishable under Sections 307, 384, 385, 386, 353, 147, 148 and 149 of the Indian Penal Code and Sections 25 (1-b)a, 26, 27 and 35 of the Arms Act, Section 3⁄4 of Explosive Substance Act, Section 13/15 of U.P.A. Act and Section 17 of the C.L.A. Act. The petitioner was not caught at the spot, nothing was recovered from his conscious possession and his name transpires in the statement of co-accused Lalan Singh who was caught with fire arms.

Submission is that in this case similarly situated co-

Patna High Court Cr.Misc. No.6151 of 2016 (2) dt.29-02-2016 accused, Vinod Singh has already been allowed bail vide Cri. Misc. No. 36882 of 2015 and the petitioner suffering in custody since 21.09.2015 and having no criminal antecedent, deserves sympathetic consideration, to which the learned A.P.P. does not oppose.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sri. Divesh Kumar, learned Judicial Magistrate, 1st Class, Dehri, Distt. Rohtas in connection with Nauhatta P.S. Case No. 11 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T