Bikku Singh @ Alok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31359 of 2018 Arising Out of PS. Case No.-490 Year-2017 Thana- MOHANIA District- Bhabhua (Kaimur) ====================================================== Bikku Singh @ Alok Kumar Singh, Son of Ramjee Singh, Resident of Village-Muraharia, P.S.-Mohania, District-Kaimur (Bhabhua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sinha For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Mohania P.S. Case No.490 of 2017 registered for the offence punishable under Sections 302,307,326/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in her written report has alleged that on 08.09.2017 at 12 O'clock in the night she was sleeping with her family members on the roof of the house then 5 to 6 persons entered her house by breaking the door of back portion of the house and on alarm being raised by her father they started firing on account of which her mother and father died immediately whereas her sister also sustained fire arm injury who has been admitted in the hospital.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.31359 of 2018(2) dt.24-05-2018 2/3 petitioner has been falsely implicated in this case. FIR has been lodged on 09.09.2017 and received in the Court on 11.09.2017 without explaining any delay. It has been further submitted that during investigation I.O. examined independent witnesses but none of them have whispered a single word against the petitioner. Petitioner has been implicated in this case only on suspicion that there was conversation between him and co-accused. The incident is result of love affair and does not concern petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M,Kaimur in connection with Mohania P.S. Case No.490 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

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

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates

Patna High Court Cr.Misc. No.31359 of 2018(2) dt.24-05-2018 3/3 without proper and reasonable reason will be sufficient to cancel his bail bond.

(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) ranjan/- U