Dev Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12545 of 2017 Arising Out of PS.Case No. -226 Year- 2011 Thana -FATUHA District- PATNA ====================================================== Dev Kumar Singh Son of Late Indradeo Singh Resident of VillagePachrukhia, P.S.-Gaurichak, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : M/s Kr Rajeev & Binay Kr Singh, Advocates For the S t a t e : Mr Md Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 The petitioner is apprehending his arrest in connection with Fatuha Police Station Case No 226 of 2011 registered for offences punishable under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Section 27 of Arms Act.

It is submitted on behalf of the petitioner that allegation against the petitioner is that the petitioner fired and snatched Rs 500/- from the pocket of the driver of the informant. It is further submitted that informant is the present Mukhiya and the petitioner was Ex Mukhiya of the Gram Panchayat. It is also submitted that the Investigating Officer has not found any sign of firing and no body has received any injury.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.12545 of 2017 (2) dt.27-03-2017 2/2 circumstances stated above, let the petitioner, above named, in the event of arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City (Patna) in connection with Fatuha Police Station Case No 226 of 2011 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) M.E.H./- U