Krishn Kumar Singh @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25246 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== KRISHN KUMAR SINGH @ MUNNA Son of Late Anil Singh, Resident of Village-Dayalpur Sighouli, P.S.-Rajapakar, Dist.-Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in custody since 27.11.2016 in connection with Industrial Area P.S. Case No. 145/16 for the offences alleged under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B) A, 26, 35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that on a secret tip off they received information that some persons have assembled to commit dacoity and when the place was raided four persons were apprehended including the petitioner but one person managed to escape. From the possession of the petitioner one country-made pistol and one live cartridge was recovered, who revealed that in earlier case bearing Industrial
Patna High Court Cr.Misc. No.25246 of 2017 (4) dt.04-07-2017 2/3 Area P.S. Case No. 142/16 he had also committed dacoity along with co-accused.
It has been submitted by the learned counsel for the petitioner that he is innocent, has been falsely implicated in the aforesaid case and the extra judicial confession made by him before the police has no evidentiary value in the eye of law. 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 145/2016, subject to the condition that one of the bailors would be a close relative of the petitioner, who would have sufficient immovable property within the jurisdiction of the concerned police station and who will file an affidavit indicating his relation with the petitioner and that petitioner will appear before the learned Court below during trial on each and every date and failure to appear on two
Patna High Court Cr.Misc. No.25246 of 2017 (4) dt.04-07-2017 3/3 consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T