Rintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76762 of 2018 Arising Out of PS. Case No.-330 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== Rintu Singh son of Yamuna Singh, residence of Harsidhi Bazar, P.S. Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Harsidhi P.S. Case No. 330/2018 registered for the offence punishable under Sections 399/402 of the Indian Penal Code.

Informant is the Police Officer, who in his self statement has stated that he received secret information that some miscreants were planning to commit dacoity in the house of Tuntun Singh, he reached there and on seeing police, miscreants assembled there tried to escape but eight of them were apprehended including petitioner. On search, nothing has

Patna High Court Cr.Misc. No.76762 of 2018(2) dt.20-12-2018 2/3 been recovered from the possession of petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case at the instance of local enemy. Nothing has been recovered from the possession of petitioner. It has been further submitted that similarly placed co-accused, namely Varun Singh and Sachin Kumar have been granted bail by a co-ordinate Bench of this Court vide order dated 07.12.2018 passed in Cr. Misc. No. 73217 of 2018 and order dated 10.12.2018 passed in Cr. Misc. No. 71893 of 2018. Petitioner is in custody since 29.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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, East Champaran at Motihari, in connection with Harsidhi P.S. Case No. 330/2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court Cr.Misc. No.76762 of 2018(2) dt.20-12-2018 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T