Patna High CourtCR. MISC./32921/2016bail granted

Naresh Prasad Singh v. The State Of Bihar

2016-08-18Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.32921 of 2016 (2) dt.18-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32921 of 2016 Arising Out of PS.Case No. -816 Year- 2001 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Naresh Prasad Singh, Son of Late Babu Lal Singh, Resident of K.N. Ganguli Lane, Masakchak, P.S. Adampur, Distt- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. P.K. Shahi, Sr. Adv. Mr. Vikas Kumar, Adv.

For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-08-2016 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.05.2016 in connection with Kotwali (Barari) P.S. Case No. 816 of 2001 for the offences alleged under Section 306 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happened to be the then Executive Engineer who, along with officials, was referred in the suicide note of the deceased. It is stated that three of the accused persons have since been acquitted in Sessions Trial No. 1414 of 2005 by judgment dated 16.05.2007 passed by the Additional District & Sessions Judge, Fast Track Court, Bhagalpur. It is further submitted that none of the twelve prosecution witnesses, who have deposed in the case have named the petitioner.

4. Having regard to the entirety of the facts and 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 Chief Judicial Magistrate, Bhagalpur in connection with

Patna High Court Cr.Misc. No.32921 of 2016 (2) dt.18-08-2016 Kotwali (Barari) P.S. Case No. 816 of 2001 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) 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.

(Vikash Jain, J) Md. Ibrarul/BT U T