Gorakh Singh @ Parmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52175 of 2017 Arising Out of PS. Case No.-192 Year-2015 Thana- DEHRI TOWN District- Rohtas ====================================================== Gorakh Singh @ Parmendra Singh, S/o Sri Vishwanath Singh, resident of village - Mathuri Tola, P.S. - Dehri (Town), District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Tiwary, Advocate For the Opposite Party/s :

Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 08.08.2017 in connection with Dehri (T) P.S. Case No.192 of 2015 registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the allegation of enmity is against Jitan Paswan and Chandan Paswan and the only allegation made out against this petitioner is that he was found escaping from the place of occurrence. There is no allegation against him of having fired any shot. It is further submitted that similarly situated co-accused persons have been extended the privilege of regular bail in Cr.Misc. No.52999 of 2016,

Patna High Court Cr.Misc. No.52175 of 2017(2) dt.10-11-2017 2/3 vide order dated 20.12.2016 and in Cr.Misc. No.12244 of 2016, vide order dated 29.03.2016.

Considering the aforementioned facts and circumstances and that the petitioner is having no criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Dehri, Rohtas, in connection with Dehri (T) P.S. Case No.192 of 2015, subject to the following conditions:

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself

Patna High Court Cr.Misc. No.52175 of 2017(2) dt.10-11-2017 3/3 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) PNM U T