Subodh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10484 of 2016 Arising Out of PS.Case No. -194 Year- 1996 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Subodh Singh son of Late Arjun Singh, resident of Village Chetan Tola Khutaha, P.S. Barahia, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar, Adv. For the Opposite Party/s : Ms. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3.

26-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in a case for the offences punishable under Sections 147, 148, 149, 324, 307 and 302 of the Indian Penal Code.

Allegedly, nineteen F.I.R. named accused persons and 56 unknown miscreants opened indiscriminate firing on the person who was issuing receipt, resulting Sunil Singh the son of the informant and one Vikas died and others were injured. Submission is of false implication and that there is no specific allegation against the petitioner. Similarly situated other co-accused has been allowed bail and recently Dinesh Singh has also been allowed bail vide Cr. Misc. no. 3958/2014 and as such

Patna High Court Cr.Misc. No.10484 of 2016 (3) dt.26-04-2016 2/2 the petitioner deserves sympathetic consideration as he is suffering in custody since 24.11.2015. No summon was ever served to the petitioner and further against him there is no execution report. Learned A.P.P. opposes the prayer for bail by submitting that the petitioner remained absconding since long. In the facts and circumstances as stated above, considering that co-accused Dinesh Singh and others have been allowed bail and as such the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge, Lakhisarai in connection with Lakhisarai G.R. Case No. 504/96 and Sessions Trial No. 88/2014 arising out of Lakhisarai P.

S. Case No. 194/96 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.)