Anand Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17816 of 2017 Arising Out of PS. Case No. -195 Year- 2015 Thana -PATAHI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Anand Mohan Singh S/o Rajmangal Singh of Vill- Gopalpur, P.S. Madhuban, Distt East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sangeet Deokuliar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.08.2016 in connection with Patahi P.S. Case No. 195 of 2015 for the offences alleged under Sections 364, 302 and 120B of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the first information report which is against other accused persons. Except extra-judicial confession of co-accused Amrendra Pandey, there is no other material to connect the petitioner with the alleged occurrence. Similarly situated co-accused Sanju Devi, who had also been named in the confessional statement of co-accused Amrendra Pandey, has been granted anticipatory bail by this Court in Cr. Misc. No. 32291 of 2016. The petitioner's case stands on better footing than coaccused Pankaj Kumar, who was seen driving the motor-cycle on which the deceased and one another person were sitting. The petitioner is on bail in both prior cases, namely, Madhuban P.S. Case No. 156 of 2013 and Patahi P.S. Case No. 211 of 2015 in which he has been made accused.

Patna High Court Cr.Misc. No.17816 of 2017 (2) dt.11-04-2017 2/2

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Motihari, East Champaran in connection with Patahi P.S. Case No. 195 of 2015 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T