Balkeshwar Singh @ Brajesh Kr. Singh @ Balo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48062 of 2013 ====================================================== Balkeshwar Singh @ Brajesh Kr. Singh @ Balo Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. M.K.Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. It is alleged that the petitioner and others resorted indiscriminate fire and killed the nephew of the informant namely Rakesh.
The petitioner was not sent up for trial but subsequently differing with the final form, cognizance was taken against the petitioner also.
It is submitted by learned counsel for the petitioner that the co-accused Ram Chandra Roy who was initially chargesheeted, was put on trial vide Sessions Trial No. 471 of 2011 but has been acquitted vide judgment dated 28th of March, 2014 passed by learned Adhoc Addl. Sessions, Naugachia since
Patna High Court Cr.Misc. No.48062 of 2013 (6) dt.20-04-2015 2/2 the informant has not supported the accusation to the extent that he could not see anyone firing at the victim. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Naugachia in connection with Naugachia P.S. Case No. 10 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Learned court below will be at liberty to cancel the bail bonds of the petitioner if he defaults for two consecutive occasions.
(Dinesh Kumar Singh, J) Amrendra/- U T