Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37746 of 2015 Arising Out of PS.Case No. -379 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Bhim Singh Son of Chakardhar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Choudhary, Advocate For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 399, 402 of the Indian Penal Code and 25(1-B)a, 26, 35 of the Arms Act. The prosecution case is that on information that miscreants are preparing to commit 'dacoiti', raid was laid when four persons were apprehended from whom arms and ammunitions were recovered. The apprehended co-accused disclosed the name of two persons, who escaped from the scene, as the petitioner and co-accused Mirtunjay Singh. It is submitted by learned counsel for the petitioner that except the statement of the co-accused nothing has been collected against the petitioner. A statement has been made in paragraph 3

Patna High Court Cr.Misc. No.37746 of 2015 (2) dt.21-09-2015 2/2 of the petition that the petitioner has no criminal antecedent and admittedly there is no recovery from the petitioner. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Bidupur P.S. Case No.379 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T