Dhirendra Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.6371 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6371 of 2018 Arising Out of PS.Case No. -249 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dhirendra Singh, Son of Chitu Singh @ Chitranjan Singh, Resident of Village- Ibrahimpur, Police Station- Fenhara, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.10.2017 in connection with Madhuban P.S. Case No. 249 of 2017 for the offences alleged under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b), r/26 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of motorcycle, mobile phone and one country made pistol with 5 live cartridges from the possession of co-accused Abhishek Kumar Singh, on whose confessional statement the petitioner has been implicated. It is submitted that other than such statement, there is no material to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.6371 of 2018 (2) dt.01-02-2018 satisfaction of learned 4th Additional Chief Judicial Magistrate, Motihari, in connection with Madhuban P.S. Case No. 249 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T