Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26021 of 2017 Arising Out of PS.Case No. -202 Year- 2016 Thana -SAHPUR District- BHOJPUR ======================================================

1. Ramesh Singh Son of Late Kedar Singh, resident of Village- Hariharpur, P.S.- Shahpur, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 13.08.2016 in connection with Shahpur P.S. Case No. 202/16 for offences punishable under Sections 25(1-b)a, 26, 27 of the Arms Act. The prosecution case, as lodged by the police personnel, is that during investigation of murder of one Narayan Yadav when they proceeded for arrest of accused in connection with Shahpur P.S. Case No. 201/16, the petitioner pointed his pistol towards the police, but was apprehended and from his possession one country-made pistol and one live cartridge was recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.26021 of 2017 (3) dt.26-07-2017 2/2 aforesaid case. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is involved in murder of Narayan Yadav, for which Shahpur P.S. Case No. 201/16 is pending against him and is a dreaded criminal. Be that as it may, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-XIV, Bhojpur at Ara, in connection with Shahpur P.S. Case No. 202/16, 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, who will file an affidavit stating his relationship with the petitioner and petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T