Vimal Kirti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1912 of 2017 Arising Out of PS.Case No. -181 Year- 2015 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Vimal Kirti Singh, Son of Ramesh Kumar Singh, Resident of Luxmipur, P.S. Siwan ( Town ), District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 The petitioner is apprehending his arrest in connection with Hussainganj P.S. Case No. 181 of 2015, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is not named in the First Information Report and there is complete different story in the statement made under Section 164 of the Code of Criminal Procedure that only shows the place of occurrence, but no overt act has been alleged against the petitioner rather against one Rishikesh. It has been further alleged that during the course of investigation, nothing has been come against the petitioner and he is a student of Engineering College and is ready to abide law.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.1912 of 2017 (6) dt.17-03-2017 2/2 Having heard both sides, considering the facts and circumstances of the case and in view of the fact that there is no allegation against the petitioner of firing rather on his presence he was made witness in this case later on accused also, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 181 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Vats/- U T