Ganesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27183 of 2017 Arising Out of PS.Case No. -207 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ganesh Singh Son of Late Chandrama Singh, R/o Vill.- Mathurapur, P.S.- Koilwar, District- Bhojpur, A/p Constable in East Champaran, District- (Motihari), Police Force.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Yash Singh For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Motihari Town P.S. Case No. 207 of 2017 for the offence under sections 223/225/34 of the Indian Penal Code. The allegation against the petitioner is that due to his negligence, an under trial prisoner, Kunal Singh has escaped while he was to be produced in the court of A.C.J.M.,-11, Motihari. The petitioner has stated in para-3 that he has no criminal antecedent and in paragraph-8 he has stated that he has completed 30 years of unblemished police service. In paragraph-5 the petitioner on behalf of his defence has submitted that as per norms of police manual two constable were required to be

Patna High Court Cr.Misc. No.27183 of 2017 (2) dt.01-07-2017 2/2 deputed in connection with production of the prisoners but he was alone deputed for escort of under trial prisoner. The petitioner denied any connivance in the escort of under trial prisoner. In the totality of the facts and circumstances and considering the statement on affidavit in paras-3 and 8, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Motihari or the successor court, in connection with Motihari Town P.S. Case No.207/17, G.R. No. 1680 of 2017 on the condition that the petitioner will extend full cooperation in the trial and will not, in any manner, influence the evidence or the witnesses. (Anil Kumar Upadhyay, J) Ravi/- U T