Ganesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.51576 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51576 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -NAWADA TOWN District- NAWADA ====================================================== Ganesh Singh, Son of Late Kanhaiyalal, R/o- Madhobigha, P.S.- Muffasil, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv Mr. Man Mohan Kumar, Adv For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.08.2016 in connection with Nawada Town P.S. Case No. 129 of 2017 for the alleged offences under Sections 406, 420, 341, 323, 504, 506, 379/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with a dispute over purchase of land by the informant from co-accused Dilip Singh. The FIR has been instituted only to put pressure in the background of earlier Complaint Case Nos. 33 of 2017 and 34 of 2017 under Section 138 of the N.I. Act at Silvassa Civil Court filed by the said Dilip Singh against the informant and others. The accusation of inserting pistol in the mouth of the husband of the informant as attributed to the petitioner is false and no case under the Arms Act has been instituted. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.51576 of 2017 (2) dt.13-11-2017 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 C.J.M. Nawada in connection with Nawada Town P.S. Case No. 129 of 2017 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 co-operate 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.

(iv) 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) Chandran/BT U T