Sunil Singh @ Sunil Kumar @ Dharmjudan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.1895 of 2018 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1895 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Sunil Singh @ Sunil Kumar @ Dharmjudan Singh, Son of Kamaleshwar Singh, Resident of Village- Araidih, P.S.- Hasan Bazar (O.P.), DistrictBhojpur (Ara). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha,Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.06.2017 in connection with Nokha P.S. Case No. 97 of 2017 for the alleged offences under Section 120(B) of the Indian Penal Code and Section 25(1-B)a, 25, 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and only on the extra judicial confessional statement of co-accused Mahabir Yadav.

No incriminating articles have been recovered from the possession of the petitioner who was not even arrested at the spot.

4. Be that as it may, having regard to the entirety of the 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 like amount each to the satisfaction of learned ACJM, Rohtas at Sasaram in connection with Nokha P.S. Case No. 97 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.1895 of 2018 (2) dt.12-01-2018 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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.

(iv) 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. Chandran/BT (Vikash Jain, J) U