Rakesh Singh @ Bhim Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54002 of 2022 Arising Out of PS. Case No.-7 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== Rakesh Singh @ Bhim Singh, S/o- Mukur Singh, R/o Vill- Nayaka Barka tola, P.S- Rivilganj, Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate.
For the Opposite Party/s :
Mr. Meena Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Revilganj P.S. Case No. 07/2019 for the offences under sections 272/273/34 of the Indian Penal Code and under Sections 30 (a), 41 of Bihar Prohibition and Excise Act, 2016. Earlier the bail petition was rejected vide order dated 23.03.2022 passed in Cr. Misc. No. 32498 of 2021. Learned counsel for the petitioner submits that the petitioner has been falsely fabricated in the present case. He further submits that as per the F.I.R as well as seizure list nothing has been recovered from the possession of the petitioner and in fact the petitioner has not been arrested at the spot. He further submits that after investigation police submitted charge-
Patna High Court CR. MISC. No.54002 of 2022(2) dt.12-10-2022 2/3 sheet against the petitioner and the petitioner is in jail since 08.02.2021.
On the other hand, learned APP has opposed the prayer of the bail of the petitioner and submits that the petitioner carries eleven more cases other than the present one. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 2nd Additioinal Sessions Judge-cum-Special Judge-Excise, Saran, where the case is pending in connection with Revilganj P.S. Case No. 07/2019, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any
Patna High Court CR. MISC. No.54002 of 2022(2) dt.12-10-2022 3/3 stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) annu/- U T