Bikal Kumar Singh @ Chhote Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8667 of 2018 Arising Out of PS.Case No. -107 Year- 2017 Thana -KOTWA District- EAST CHAMPARAN(MOTIHARI) ====================================================== Bikal Kumar Singh @ Chhote Singh, Son of Srikant Singh, Resident of Village- Kudiya, P.S.- Pipra Kothi, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Priyesh Kumar, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 17.08.2017 on his remand in connection with Kotwa P.S. Case No.107 of 2017 registered for the offence under Sections 341, 307, 506 and 387/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that though the petitioner is not named in the F.I.R., only on the basis of confessional statement made before the police by one Santosh Kumar Singh, the petitioner has been remanded in connection with the present case. It is further submitted that no overt act has been attributed to the present petitioner and such confessional statement made before the police has no evidentiary value.

Considering the aforementioned facts and

Patna High Court Cr.Misc. No.8667 of 2018 (3) dt.08-03-2018 2/2 circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari, in connection with Kotwa P.S. Case No.107 of 2017, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) 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. (Anjana Mishra, J) PNM U T