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

Patna High Court Cr.Misc. No.13651 of 2018 (3) dt.12-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13651 of 2018 Arising Out of PS.Case No. -304 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Subodh Singh @ Subodh Kumar Singh, S/o Sumer Singh @ Sumer Prasad Singh, R/o Village- Rajgawan, P.S.- Marhowrha, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Counsel for the petitioner submits that this is a case of false implication. The fact is that the petitioner is a rifleman and he is serving in the Tripura State Rifle. The same has been corroborated in course of investigation. He submits that illness certificate showing petitioner's presence in Tripura in between the period 20.07.2017 to 26.07.2017 has been placed as Annexure 3 to the instant application. Though petitioner is accused in some other cases which is mentioned in Para 3 of the bail application prior to the instant case but in the said cases he is on bail. He submits that due to subsisting land dispute he has falsely been implicated in

Patna High Court Cr.Misc. No.13651 of 2018 (3) dt.12-04-2018 this case and he is in custody since 05.12.2017. 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, Saran at Chapra in Morhowrah P.S. Case No. 304 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 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