Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47213 of 2014 Arising Out of PS.Case No. -88 Year- 2014 Thana -DHANSOI District- BUXAR ====================================================== Awadhesh Singh Son of Late Basudeo Singh resident of Village : Samhutta, P.S. : Dhansoi, District : Buxar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Dhansoi P.S. Case No. 88 of 2014 dated 10.07.2014 instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that as per the F.I.R. the petitioner along with his son are said to have come to the place of occurrence and at the instance of the petitioner, his son is alleged to have fired on the informant's son. Learned

Patna High Court Cr.Misc. No.47213 of 2014 (2) dt.23-04-2015 2/3 counsel submits that the petitioner is a Lecturer in college at Dhansoi and on the date and time of the occurrence, that is, 10.07.2014, he was present in the college which has been certified by the witnesses and the certificate given by the Principal and this fact is also corroborated by the attendance register. Copies of the certificate of the Principal and the relevant page of attendance register have been annexed. It is submitted that the petitioner has clean antecedent.

Learned A.P.P. submits that the petitioner is alleged to have given order to his son to fire resulting in the death of a person.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Judicial Magistrate, 1st Class, Buxar in Dhansoi P.S. Case No. 88 of 2014 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to

Patna High Court Cr.Misc. No.47213 of 2014 (2) dt.23-04-2015 3/3 cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J) Anjani/- U T