Patna High CourtCR. MISC./46919/2016bail granted

Sheobrat Singh v. The State Of Bihar

2016-10-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46919 of 2016 Arising Out of PS.Case No. -65 Year- 1999 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Sheobrat Singh, Son of Late Raja Ram Singh.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case initially, registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code, Section 27 of the Arms Act. Petitioner is named in the first information report but after due investigation, police submitted final form and accordingly, petitioner was not sent up for trial. The final form in respect of the petitioner was accepted by the trial court but in course of trial of other accused, a petition under Section 319 of the Cr.P.C. was filed before the trial court to summon the petitioner but the said petition was rejected by the trial court and against the aforesaid rejection order prosecution came before this court for

Patna High Court Cr.Misc. No.46919 of 2016 (2) dt.26-10-2016 2/2 quashing the order of rejection of petition filed under Section 319 of the Cr.P.C. This court allowed the petition of the prosecution and directed the trial court to summon the petitioner. Accordingly, petitioner was summoned in the case and thereafter, he voluntarily surrendered before the court below on 01.09.2016 and since then he is languishing in jail custody. Moreover, petitioner is said to be order giver.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Gopalganj in connection with Tr. No. 32/2008(CIS No. 5204/2013) arising out of Uchakagaon P.S. Case No. 65 of 1999.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T