Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85323 of 2019 Arising Out of PS. Case No.-596 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Arun Singh Son of Ganesh Singh Resident of Village - Awari, Police Station - Marhaura, Distict- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-08-2020 Heard learned senior counsel appearing on behalf of the petitioner and the counsel appearing on behalf of the State as well as the informant.

Petitioner is in custody in connection with Marhaura P.S. Case No. 596 of 2019 for the offence under sections 147, 148, 149, 323, 325, 326, 379, 332, 333, 307, 302, 504 & 120(b) of the of the Indian Penal Code and 25 (1-b)a/26/35/27 of Arms Act.

Learned counsel for the petitioner submits that except suspicion there is no material to connect this petitioner in the commission of crime. He submits that the petitioner has falsely been implicated in this case. He further submits that on the date of occurrence the petitioner was in custody and as such his participation in the crime is most speculative. He further

Patna High Court CR. MISC. No.85323 of 2019(5) dt.25-08-2020 2/3 submits that other co-accused has been granted bail in the present case and the allegation against the petitioner is false and fabricated.

The petitioner is in custody since 21.10.2019. Considering the fact that petitioner was in custody at the time of occurrence, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Marhaura P.S. Case No. 596 of 2019 subject to the following conditions:

(i) The bailors should be elected representative of the locality.

(ii) The court below will frame charge within a period of a fortnight.

(iii) The petitioner will extend full cooperation in the early conclusion of the trial.

(iv) The trial court will conclude the trial in all respect within a period of nine months from today.

(v) The trial court is required to submit its report on conclusion of the trial to the Registry of this Court. In the event

Patna High Court CR. MISC. No.85323 of 2019(5) dt.25-08-2020 3/3 of failure to conclude the trial, the trial court is required to assign reason.

It is made clear that if the petitioner influences the witnesses or cause impediment or hindrance in the early disposal of the trial, the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Anil Kumar Upadhyay, J) Ravi/- U T