Raj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6515 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -PUSA District- SAMASTIPUR ====================================================== Raj Singh, Son of Jitendra Singh, resident of Village- Phulhara, P.S. - Kalyanpur, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.11.2016 in connection with Pusa P.S. Case No. 101 of 2016 for the offences alleged under Sections 302 and 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and no recovery of any looted articles has been made from the possession of the petitioner. The first information report is against unknown persons and he has been implicated merely on suspicion on the confessional statements of co-accused Shivam Kumar and Abhishek Kumar. Similarly situated co-accused Ravi Kumar Choudhary @ Ravi Kumar has been granted bail by this Court in Cr. Misc. No. 5171 of 2017. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Samastipur in

Patna High Court Cr.Misc. No.6515 of 2017 (2) dt.23-02-2017 2/2 connection with Pusa P.S. Case No. 101 of 2016 with 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) The petitioner shall cooperate 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) That 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) B.T/Chandran U T