Babul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13937 of 2017 Arising Out of PS.Case No. -158 Year- 2016 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Babul Singh, S/o Dhurub Singh, R/o Vill Indragachi, P.S. Sangarmpur, District East Chazmparan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kalyanpur P.S.Case No. 158 of 2016 registered for the offences punishable under Section 394 of the Indian Penal Code. According to learned counsel for the petitioner, there is nothing against the petitioner except confessional statement of co-accused before police in which name of the petitioner has transpired and he is in custody since 3.12.2016. It has also been submitted that so far criminal antecedent is concerned, petitioner has been made accused in Kalyanpur P.S.Case No. 170 of 2016 and from that case he has been remanded in this case and further with respect to the same occurrence Kalyanpur P.S.Case No. 171 of 2016 has been lodged against him and except that he has no criminal antecedent.

Heard learned APP also, who has not controverted the above submission.

Patna High Court Cr.Misc. No.13937 of 2017 (2) dt.24-03-2017 2/2 Having heard both sides and considering the fact that except confessional statement there is nothing against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IX, East Champaran, Motihari, in connection with Kalyanpur P.S.Case No. 158 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U