Suresh Singh @ Surendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62915 of 2017 Arising Out of PS.Case No. -19 Year- 2005 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Suresh Singh @ Surendra Singh, Son of Bechu Singh, R/o VillageAmadara, P.S.- Adhoura, District- Kaimur at Bhabua. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Adhoura PS case no. 19 of 2005 registered for the offences punishable under Sections 302/34 of Indian Penal Code.
The learned counsel for the petitioner submits that the police after investigation, has submitted final form against the petitioner but cognizance has been taken by the court below against the petitioner also. There is no allegation of any specific overt act against this petitioner although he is named in the first information report. It is further submitted that the petitioner has a clean antecedent.
Patna High Court Cr.Misc. No.62915 of 2017 (2) dt.11-01-2018 2/2 Having regard to the facts and circumstances of the case, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Adhoura PS case no.
19 of 2005 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure with further conditions : (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Mohit Kumar Shah, J.)