Balmiki Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24544 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Balmiki Singh, Son of Sachita Nand Singh, Resident of Village- Krishna Nagar, P.S.- Madhuban, District- East Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Madhuban P.S. Case No. 164 of 2016, registered under Sections 307 & 387/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner surfaced in the confessional statement of co-accused Azadi Kumar having hand in the present case. Thereafter, petitioner was remanded in the present case on 30.11.2016 to the case of Pakarideyal P.S. Case No. 114 of 2016. Further submission is that since the petitioner is accused in 12 cases, as detailed in para 3 of the petition, due to that reasons,
Patna High Court Cr.Misc. No.24544 of 2017 (2) dt.30-06-2017 2/2 the Police got implicated the petitioner in the present case. Further submission is that similarly situated co-accused Azadi Kumari has already been granted privilege of bail by a coordinate Bench of this Court vide order dated 28.06.2017 passed in Criminal Misc. No.19356 of 2017.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 4th Addl. Chief Judicial Magistrate, East Champaran, Motihari in connection with Madhuban P.S. Case No. 164 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Rajendra Kumar Mishra, J) manish/- U T