Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33352 of 2015 Arising Out of PS.Case No. -25 Year- 2012 Thana -DHANGAI District- BHOJPUR ======================================================

1. Surendra Singh Son of Late Kashinath Yadav Resdent of Village - Mthaha, Police Station - Dhangai, Dist.- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Ashok Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149 and 302 of the Indian Penal Code and section 27 of the Arms Act. The petitioner was named in the FIR but was not sent up for trial. During trial, on the basis of evidence of three witnesses namely Akhilesh Kumar Singh, Hareram Singh and Jawahar Singh, the petitioner has been summoned in exercise of jurisdiction under section 319 Cr.P.C. vide order dated 20.5.2015 passed in S.T. No. 11 of 2013 by the learned 8th Adhoc Additional Sessions Judge, Bhojpur at Ara.

It is submitted by the learned counsel for the petitioner that the petitioner was not sent up for trial as the police did not

Patna High Court Cr.Misc. No.33352 of 2015 (2) dt.12-08-2015 2/2 find the accusation true against the petitioner. It is further submitted that the petitioner will regularly appear before the learned trial court and he is lecturer in a college. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur in connection with Dhangai P.S. Case No.25 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T