Patna High CourtCR. MISC./50556/2016bail granted

Shyam Singh v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50556 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Shyam Singh S/o Foudari Singh Residents of Village- Gangapur, Lutna Tola, P.S.- Alamnagar (Ratwara O.P.), District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.09.2016 in connection with Alamnagar P.S. Case No. 21 of 2016 for the alleged offences under Sections 302, 201 and 34 of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated. The accusations are general and omnibus in nature and no specific overt act has been alleged against the petitioner. There is a delay of 2 days in instituting the FIR on 22.02.2016 for the alleged occurrence of 20.02.2016. Similarly situated co-accused has been granted bail by this Court in Cr. Misc. No. 24988 of 2016.

4. 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 satisfaction of learned S.D.J.M., Uda Kishanganj, District Madhepura in connection with Alamnagar P.S. Case No. 21 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.50556 of 2016 (2) dt.13-12-2016 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. (Vikash Jain, J) Chandran/BT U T