Navin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3314 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Navin Singh S/o Baleshwar Singh, R/o Chainpura, P.S.- Warsaliganj, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Although the petitioner has been remanded in the present case in connection with Nawada Town P.S. Case No. 185 of 2017 for offences punishable under Sections 387, 506, 34 of the Indian Penal Code and is languishing in judicial custody since 03.11.2017, but in other cases he is in custody since 02.06.2017, The prosecution case, as lodged by the informant, who works as a Manager in one sand ghat unit, is that he received a call on his mobile demanding Rs. 50 lakhs as ransom and also monthly ransom failure of which was threatened with dire consequences. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.3314 of 2018 (3) dt.17-02-2018 2/3 petitioner that he is innocent, was in custody at the time of alleged occurrence and just because he has a criminal antecedent he has been roped in. He submits that he has no connection with Lal Salam naxalites group and that the mobile number from which it has been alleged that phone calls were made belongs to one Dular Yadav, as is evident from the seizure-list and no incriminating article has been recovered from his possession. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a veteran criminal and as many as 23 cases have been lodged against him, although, acquittal has been made in 17 cases and one has been disposed of because he had undergone the period of sentence.

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, Nawada, in connection with Nawada Town P.S. Case No.

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who

Patna High Court Cr.Misc. No.3314 of 2018 (3) dt.17-02-2018 3/3 will file an affidavit stating his relationship with the petitioner.

(ii) 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.

(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (iv) Petitioner will appear before the concerned police station in the first week of every month and will be discharged only on the certificate of good conduct by the Officer-inCharge of the concerned police station, failing which his bail bonds will be liable to the cancelled.

(Nilu Agrawal, J) Rajesh/- U T