Achhay Kumar @ Achhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55775 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== ACHHAY KUMAR @ ACHHAY SINGH S/o Ram Vinay Singh R/o villageAshopur, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.07.2019 in connection with Shyampurbhatha P.S. Case No. 8 of 2019 for the alleged offences under Sections 387, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on the basis of his self confession before the police, except which there is no other objective material to connect the petitioner with the alleged occurrence. It is further submitted that no test identification parade has been conducted for identification of the petitioner nor any incriminating articles have been recovered from his conscious possession. The petitioner has been remanded from Madhuban P.S. Case No. 9 of 2019 in which he was earlier made accused.

4. Learned APP appears and has been heard, but has not pointed to any adverse material in the case diary against the petitioner.

5. Be that as it may, let the petitioner above named be

Patna High Court CR. MISC. No.55775 of 2019(3) dt.27-11-2019 2/2 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 CJM, Sheohar in connection with Shyampurbhatha P.S. Case No. 8 of 2019 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) 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/- U T