Bhutesh Singh @ Bhutesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18758 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -SAHAJITPUR District- SARAN ======================================================

1. Bhutesh Singh @ Bhutesh Kumar Singh, Son of Rana Rajendra Singh, Resident of Village- Manopali, P.S.- Sahajitpur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra Mr. Varun Kumar For the Opposite Party/s : Mr. Anil Kumar For Informant : Mr. Deepak Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 The petitioner is apprehending his arrest in connection with Sahajitpur P.S. Case No. 102 of 2016, registered for offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Petitioner is named in the F.I.R and allegation against the petitioner is that he caught hold of the informant allowing other co-accused persons to stab the informant.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, which will appear from the fact that there is delay of eight days in lodging the F.I.R. Further no specific allegation of assault has been levelled against the petitioner and only allegation against him is that he caught

Patna High Court Cr.Misc. No.18758 of 2017 (3) dt.08-05-2017 2/3 hold of the informant. It has further been submitted that etitioner has no criminal antecedent, which has been stated on oath by learned counsel for the petitioner in para -3 of bail application. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, as such, 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 Judicial Magistrate Court No. XI, Saran, in connection with Shahajitpu P.S. Case No. 102 of 2016, 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

Patna High Court Cr.Misc. No.18758 of 2017 (3) dt.08-05-2017 3/3 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) sunil/- U T