Patna High CourtCR. MISC./49072/2017bail granted

Pappu Singh @ Papu Singh v. The State Of Bihar

2017-10-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49072 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Pappu Singh @ Papu Singh son of Ramjee Singh, resident of VillageIshwarpura, Police Station- Shahpur, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. N. K. Malhotra, Sr. Advocate Mr. Arun Kumar Pandey, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2017 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for bail in connection with S. Tr. No. 390 of 2016 arising out of Shahpur P.S. Case No. 48 of 2016 for the offences alleged under Sections 147, 148, 149, 341, 324, 307 and 302 of the Indian Penal Code and 27 of the Arms Act having earlier been rejected by this Court by order dated 23.08.2016 in Cr. Misc. No. 33145 of 2016.

3. It is submitted that the petitioner has been falsely implicated as the main assailants are accused Haresh Mishra and Brajesh Mishra. It is further submitted that in a subsequent development, similarly situated accused persons, namely, Harendra Singh @ Bua Singh @ Buwa Singh, Bashant Mishra @ Vikash Mishra, and Tunni Mishra @ Tuni Mishra have been granted bail by this Court in Cr. Misc. No. 16748 of 2017, Cr. Misc. No. 32814 of 2017 and Cr. Misc. No. 33915 of 2017 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody since 17.02.2016, let the petitioner above named

Patna High Court Cr.Misc. No.49072 of 2017 (2) dt.18-10-2017 2/2 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 Sessions Judge- 1st, Bhojpur at Ara, in connection with S. Tr. No. 390 of 2016 arising out of Shahpur P.S. Case No. 48 of 2016, on 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