Gouri Shankar Singh @ Gouri Shankar @ Chhabu Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2141 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -BELHAR District- BANKA ======================================================
1. Gouri Shankar Singh @ Gouri Shankar @ Chhabu Singh, son of Sikandar Singh
2. Koushal Singh@ Koushal Kumar Singh Son of Pappu Singh Resident of Village- Bahorna , P.S.- Belhar (Khesar) District-Banka .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Chandra Mohan Jha, Advocate For the State : Mr. Jitendra Kr. Singh, APP For the Informant : Mr. Ajit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2017 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant.
2. The petitioners are in custody since 17.10.2016 in connection with Belhar (Kheshar) P.S. Case No. 144 of 2016 (G.R. No. 1022 of 2016) for the offences alleged under Sections 147, 148, 149, 341, 324, 323, 307, 379, 504 and 506 of the Indian Penal Code and later on, Section 302 of the IPC has been added.
3. It is submitted that the petitioners have been falsely implicated and they are not FIR named accused rather their names have transpired much later at the instance of the wife of the deceased. The petitioners claim clean antecedents. Several similarly situated accused persons have been granted anticipatory bail and regular bail by this Court in Cr. Misc. No. 27943 of 2016; and Cr. Misc. No. 36057 of 2016 and Cr. Misc. No. 26665 of 2016.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the
Patna High Court Cr.Misc. No.2141 of 2017 (3) dt.20-02-2017 2/2 satisfaction of learned Chief Judicial Magistrate, Banka in connection with Belhar (Kheshar) P.S. Case No. 144 of 2016, (G.R. No. 1022 of 2016) with the following conditions: (i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv)The petitioners shall cooperate with the investigation, if not already concluded, and make themselves 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) B.T/Chandran U T