Bhagwan Singh @ Buchan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10776 of 2017 Arising Out of PS.Case No. -451 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Bhagwan Singh @ Buchan Singh, S/o Shyam Bahadur Singh, residence of Village- Paigamberpur, P.S.- Muffasil, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 23.11.2016 in connection with Siwan Muffasil P.S. Case No. 451 of 2016 registered for the offence punishable under Sections 392, 411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that four persons took his tractor on rent and thereafter they loaded sugarcane and proceeded and as soon as they reached near Kadam More Baletha in the district of Siwan, two persons riding on a motorcycle told that sugarcane may fall as rope has become loose. Thereafter all the persons got down and they assaulted the driver and

Patna High Court Cr.Misc. No.10776 of 2017 (2) dt.29-03-2017 2/3 pushed him into a ditch and fled away taking the tractor. It has been submitted by the learned counsel for the petitioner that he is innocent, has falsely been implicated in the aforesaid case as the alleged tractor was found in the custody of one Radhe Shyam Verma and the said tractor has been released in favour of the informant. He further submits that the petitioner has been implicated in the present case just because he is accused in two earlier cases of similar nature. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P.S. Case No. 451 of 2016, subject to the condition that petitioner will cooperate with the trial and appear before the learned Court below on each and every date and his failure to appear before

Patna High Court Cr.Misc. No.10776 of 2017 (2) dt.29-03-2017 3/3 the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Arjun/- U T