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Patna High CourtCR. MISC./37556/2017allowed

Piyush Singh @ Piyush Kr. Singh And ANR v. The State Of Bihar

2017-08-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37556 of 2017 Arising Out of PS.Case No. -230 Year- 2014 Thana -DHURAIYA District- BANKA ======================================================

1. Piyush Singh @ Piyush Kr. Singh, son of Sunil Kumar Singh

2. Niraj Kumar Singh @ Neeraj Kumar Singh @ Neeraj Kumar, son of Sunil Kumar Singh, both resident of village- Pakki Sarai, P.S. Ghogha (Kahalgoan), District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and the State.

The petitioners are in custody in connection with Dhoraiya P.S. Case No. 230 of 2014 for an offence under section 395 of the Indian Penal Code.

The petitioners are in custody since 09.10.2015. In para-9 there is statement that no test identification parade has been conducted in this case and only because of the alleged past incident, the petitioner has been made accused in this case only on suspicion.

It has been submitted that other co-accused persons have been granted bail by this court, namely, Umesh Kumar Singh was granted bail vide order dated 05.12.2017 in Cr. Misc. No.

Patna High Court Cr.Misc. No.37556 of 2017 (2) dt.19-08-2017 2/2 51350 of 2016, Mithilesh Yadav has been granted bail vide order dated 13.12.2016 in Cr. Misc. No. 42292 of 2016 and Sanjeev Kumar and Bhibhuti Choudhary have been granted bail vide order dated 12.07.2017 in Cr. Misc. No. 27270 of 2017. Considering the period of custody and also the fact that similarly circumstanced other co-accused have been granted bail by this court, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate or successor court, Banka, in connection with Dhoraiya P.S. Case No. 230 of 2014 on the condition that the petitioner will extend full cooperation in the trial and will not, in any manner, tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T