Onkarnath Singh @ Sheru Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17608 of 2015 Arising Out of PS.Case No. -75 Year- 2013 Thana -BIHIYA District- BHOJPUR ====================================================== Onkarnath Singh @ Sheru Singh, Son of Krishna Singh, Resident of village - Dulah Pur, P.S. Simari, District - Buxar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 29-07-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 120B, 34 of the Indian Penal Code and Sections 25 (1-B)a, 25 (1-A)a, 26 and 35 of the Arms Act.

The allegation is that the co-accused had assembled for committing loot. Out of them, four apprehended on the spot and they told that the petitioner and two others who were in jail had made plan to commit the offence and at their instance, the criminals had assembled there.

It is submitted that admittedly at the time of occurrence, the petitioner was in custody in other case. He has not participated in the preparation for committing the offence. In similar facts and

Patna High Court Cr.Misc. No.17608 of 2015 (3) dt.29-07-2015 2/2 circumstances, the other co-accused have been granted bail. The petitioner is in custody since 12.02.2014.

The learned counsel for the State submits that the petitioner has a long list of criminal cases. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara in Bihiya P.S. Case No.75/2013 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T