Sunil Kumar Singh @ Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37004 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Sunil Kumar Singh @ Sunil Singh son of Late Dhurpdev Singh alias Late Dhrupdev Rai Resident of Village Musahri Bazar, P.S. - Vijayapur, DistrictGopalganj. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
This is the second round of litigation. Earlier the prayer for bail of the petitioner was rejected vide order dated 13.11.2017 passed in Cr. Misc. No. 43181 of 2017.
Petitioner is languishing in judicial custody since 07.06.2017 in connection with Sessions Trial No. 105 of 2018 arising out of Vijaypur P.S. Case No. 94 of 2017 for offences punishable under Sections 394/302 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while he was returning after attending Barat, three miscreants stopped him one stabbed him and looted the motorcycle and fled away. The informant during course of treatment succumbed to the
Patna High Court Cr.Misc. No.37004 of 2018 (2) dt.27-06-2018 2/3 injury.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the confessional statement of other accused shows that he was not the main accused. Specific allegation is upon the co-accused Pankaj Kumar to have stabbed the informant. He submits that charges have been framed and the petitioner undertakes to cooperate in the trail on day to day basis.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Gopalganj in connection with Sessions Trial No. 105 of 2018 arising out of Vijaypur P.S. Case No. 94 of 2017, subject to the conditions that: (1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
Patna High Court Cr.Misc. No.37004 of 2018 (2) dt.27-06-2018 3/3 (2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T