Shambhu Kumar Singh @ Subham Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49679 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -GAYGHAT District- MUZAFFARPUR ======================================================
1. Shambhu Kumar Singh @ Subham Kumar Singh S/o Sri Bipin Singh, R/o Vill.- Naratnagar, P.S.- Sakri, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-10-2018 The petitioner is in custody since 11.02.2018 in connection with Gaighat P.S. Case No. 28 of 2018, registered for offences punishable under Section 392 of the Indian Penal Code. Allegation as per F.I.R. is that petitioner and two other co-accused persons have administered some intoxicated liquid in tea and after drinking the same, informant became unconscious and thereafter he found his Pickup Van missing. Petitioner is not named in the F.I.R. Later on, his name transpired on confessional statement of co-accused. Further it appears that petitioner is accused in three other cases.
Submission of learned counsel for the petitioner is that except confessional statement, there is nothing against the petitioner and also there is no recovery from the possession of the
Patna High Court Cr.Misc. No.49679 of 2018 (3) dt.04-10-2018 2/3 petitioner. Further submission is that other accused person having similar allegation has been granted privilege of bail vide order dated 28.09.2018 passed in Cr. Misc. No. 57900 of 2018. Petitioner is in custody since 11.02.2018.
Heard learned A.P.P. also.
Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-15, Muzaffarpur, in connection with Gaighat P.S. Case No. 28 of 2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his
Patna High Court Cr.Misc. No.49679 of 2018 (3) dt.04-10-2018 3/3 part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T