Aman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5066 of 2023 Arising Out of PS. Case No.-78 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== AMAN SINGH Son of Surendra Singh Resident of Village- Sisva, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 01.07.2022, in connection with Baruraj P.S. Case No. 78 of 2021, F.I.R. dated 12.05.2021 registered for the offences punishable under Sections 364, 34 of the Indian Penal Code. Allegation against the petitioner is that he along with accused persons abducted the son of the informant in the night of 10.05.2021 with intend to kill him but anyhow he could save himself.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case due to previous enmity between the parties. He further submits that the allegation as alleged in

Patna High Court CR. MISC. No.5066 of 2023(5) dt.23-05-2023 2/3 the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and the victim was recovered and his statement was recorded under Section 164 of the Cr. P.C. in which he has not supported the case of the informant and thereafter the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 01.07.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 78 of 2021, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.5066 of 2023(5) dt.23-05-2023 3/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U