Patna High CourtCR. MISC./44197/2017bail granted

Chhotu Singh @ Chhotu Kumar Singh v. The State Of Bihar

2017-10-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44197 of 2017 Arising Out of PS.Case No. -50 Year- 2016 Thana -DHOLBAJJA District- BHAGALPUR ====================================================== Chhotu Singh @ Chhotu Kumar Singh, Son of Late Mahendra Singh, resident of Village- Gola Tola Kadwa, P.S.- Dhol Bazza, DistrictBhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mrityunjay Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.11.2016 in connection with Dholbajja (Kadwa) P.S. Case No. 50 of 2016, G.R. No. 1196 of 2016 for the offences alleged under Sections 25(1-b)a/26 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and recovery of any incriminating articles from the possession of the petitioner is denied.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody since 03.11.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.44197 of 2017 (3) dt.17-10-2017 Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri D.K. Yadav, learned Judicial Magistrate 1st Class, Naugachia, in connection with Dholbajja (Kadwa) P.S. Case No. 50 of 2016, G.R. No. 1196 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/Chandran U T