Babua Singh @ Pranav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68245 of 2018 Arising Out of PS. Case No.-1476 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Babua Singh @ Pranav Singh, Son of Krishna Singh, Resident of Village + P.O.- Dulhapur, P.S. Semri, District- Buxar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vikramdeo Singh, Mr. Sada Nand Roy, Advocates For the State :

Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302, 379, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Sasaram (Mufassil) P.S. Case No. 1476 of 2017.

3. It is submitted that the petitioner has been falsely implicated and except suspicion, there is no material to connect the petitioner with the alleged occurrence. The petitioner is not named in the first information report rather his name has transpired on the confessional statement of co-accused Babli @ Deepu @ Rahul Kumar Singh. The petitioner has been granted anticipatory bail in the earlier Arms Act case in which he has been made accused.

4. Learned APP on the basis of the case diary has not been able to point out any objective material against the petitioner except some statements contained in paragraphs 10,11, 12 and 13 in which aforesaid co-accused Babli @ Deepu @ Rahul Kumar Singh has also taken the name of the petitioner.

5. Be that as it may, in the event of the petitioner's arrest

Patna High Court CR. MISC. No.68245 of 2018(4) dt.26-02-2019 2/2 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram (Mufassil) P.S. Case No. 1476 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate 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.

BT/Chandran (Vikash Jain, J) U T