Abhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63736 of 2018 Arising Out of PS. Case No.-52 Year-2017 Thana- MURAR District- Buxar ====================================================== Abhay Singh, Son of Late Yogendra Singh, resident of Village- Baisegaon (Phaphadar), P.S.- Murar, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sri Abhay Kumar - 1 For the Informant :

Mr. Parijat Saurav & Mr. Manish Prakash, Advs. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Murar P.S. Case No. 52 of 2017 registered for the offence punishable under Sections 384, 436, 427, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act. Allegation against petitioner is of firing upon the informant and also demanding of rangdari.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that no offence under Section 384 and 307 is made against petitioner as petitioner has neither demanded any extortion money nor has fired upon the informant. It has been further submitted that co-accused namely,

Patna High Court Cr.Misc. No.63736 of 2018(3) dt.05-11-2018 2/2 Punit Singh has been granted bail by learned court below in 2017 itself. It has been further submitted that other co-accused, namely Sonu Singh has also been granted bail by this Hon'ble Court vide order dated 08.10.2018. passed in Cr. Misc. No. 52627 of 2018. Petitioner surrendered on 21.08.2017. Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Buxar, in connection with Murar P.S. Case No. 52 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T