Aspujan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63682 of 2018 Arising Out of PS.Case No. -295 Year- 2018 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Aspujan Singh, son of Late Bindeshwari Singh, resident of VillageKakarkund, P.S. Gopalganj, District Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in Gopalganj P.S. Case No. 295 of 2018 registered for the offence punishable under Section 381, 120(B), 411, 409, 379, 413 and 414 of the IPC. Allegation against the petitioner is of causing loss of examined copies of exam conducted by Bihar School Examination Board which were kept in Strong Room in connivance with the peon Chattu Singh and other accused. Petitioner is night guard of School.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Name of this petitioner has come on the basis of confessional statement of co-accused Pappu Kumar. Petitioner is neither employee of the

Patna High Court Cr.Misc. No.63682 of 2018 (3) dt.20-11-2018 2/2 school nor the B.S.E.B.. He is in custody since 19.06.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj P.S. Case No. 295 of 2018 with following conditions:-

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

(2) Petitioner shall co-operative 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) sushma/- U T