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Patna High CourtCR. MISC./33771/2018bail granted

Neeraj Singh v. The State Of Bihar

2018-08-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33771 of 2018 Arising Out of PS.Case No. -609 Year- 2016 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Neeraj Singh S/o Late Deep Narayan Singh, R/o Akauna Kothi, Kesri Nagar, P.S.- Shastri Nagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 307/324/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Three persons came on a motorcycle and two of them Neelmani and Pawan fired at the informant causing injury. So far this petitioner is concerned, allegation is that due to property dispute the petitioner had conspired and the named persons had fired.

Submission of the learned counsel for the petitioner is that due to land dispute between the parties the petitioner has falsely been implicated in this case. He is in

Patna High Court Cr.Misc. No.33771 of 2018 (4) dt.14-08-2018 P2/ custody since 06.01.2017. Investigation of the case is already complete.

On the other hand, learned counsel for the informant opposed the prayer for bail on the ground that petitioner has got criminal antecedent and there is direct allegation of conspiracy against the petitioner.

Considering the fact that there is no direct allegation against the petitioner so far this case is concerned and investigation of the case is already complete, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sessions Trial No.684 of 2017, arising out of Shastrinagar P.S. Case No.609 of 2016, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T