Patna High CourtCR. MISC./16459/2017bail granted

Binod Singh v. The State Of Bihar

2017-04-04Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.16459 of 2017 (2) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16459 of 2017 Arising Out of PS.Case No. -1254 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Binod Singh, Son of Late Suresh Singh, resident of Village Pipra, P.S. Nokha, District- Rohtas.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Abhinay Raj, Advocate. For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.11.2016 in connection with Sessions Trial No. 27 of 2017 arising out of Sasaram Muffasil P.S. Case No. 1254 of 2016 for the offences alleged under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and even according to the accusation co-accused Sujit Singh is said to have fired causing death of Dharmendra Kumar Singh, brother of the informant. The petitioner is not named in the F.I.R. and his name has surfaced in course of investigation on the confessional statement of co-accused Amod Singh. Another coaccused Rajesh Singh @ Rajesh Kumar Singh who was also named by the said co-accused Amod Singh has been granted anticipatory bail in Cr. Misc. No. 10737 of 2017. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.16459 of 2017 (2) dt.04-04-2017 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 Additional District & Sessions Judge-VII, Rohtas at Sasaram, in connection with Sessions Trial No. 27 of 2017 arising out of Sasaram Muffasil P.S. Case No. 1254 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the 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.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself 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) Md. Ibrarul/psc U T