Arun Singh @ Anirudh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36911 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -MASRAKH District- SARAN ====================================================== Arun Singh @ Anirudh Singh, S/o Late Bashistha Singh, Resident of Village- Piprahia, P.S.- Bhagwanpur Hat, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 09.03.2018 in connection with Mashrak P.S. Case No. 59 of 2018 for the offence registered under Sections 413, 414, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged recoveries were not from the conscious possession of the petitioner rather it was a planted one and the petitioner, who was made to sign on plain paper on which the police has drawn the self confessional statement. It is further submitted that the petitioner cannot be prosecuted on the basis of his self confession statement before the police, as the same has no evidentiary value. It is

further submitted that so far as other cases are concerned, in those cases, the petitioner was taken on mere suspicion and thereafter, remanded in connection with the said cases. It is further submitted that the petitioner is ready to abide by all the terms and conditions as imposed by this Court.

Considering the aforesaid 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 the like amount each to the satisfaction of A.C.J.M., 6th, Saran in connection with Maskrakh P.S. Case No. 59 of 2018, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned

Court concerned.

(4) The petitioner shall co-operate 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.

(Anjana Mishra, J) Jagdish/- U T