Sonu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54235 of 2017 Arising Out of PS.Case No. -110 Year- 2015 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ======================================================
1. Sonu Singh son of Late Nawal Kishore Singh resident of Village Rampatti, P.S. Singheshwar, District - Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 05.07.2015 in connection with Singheshwar P.S. Case No. 110 of 2015 corresponding to S.T. No. 113 of 2015, CIS No. 226 of 2016 for offences punishable under Sections 414 of the Indian Penal Code Sections 25(1-B)A, 26(ii), 35 of the Arms Act. The prosecution case, as lodged by the police personnel is that on confidential information that some criminals have assembled, the police chased those persons, out of which 2 persons were apprehended including the petitioner and one managed to flee away and from the possession of the petitioner,
one loaded pistol along with two live cartridges were recovered and further they confessed that they are also involved in stealing of motorcycles.
It has been submitted by the learned counsel for the petitioner that he is innocent, and has been falsely implicated in the aforesaid case. Sessions Trial has commenced. He submits that charge-sheet has already been submitted but there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and as many as 10 cases, mostly of similar nature, are pending against him.
Considering the facts and circumstances and the materials on record as well as the period of custody , let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Madhepura, in connection with Sessions Trial No. 113 of 2015, CIS No. 226 of 2016 Singheshwar P.S. Case No. 110 of 2015 subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned court concerned,
who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is also made clear that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds.
(Nilu Agrawal, J) sushma/- U T