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Patna High Court - Orders

Kishore Singh @ Kishori Singh vs State Of Bihar on 4 May, 2010

Author: Ravi Ranjan

Bench: Ravi Ranjan

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.10477 of 2010
                 KISHORE SINGH @ KISHORI SINGH, S/o Chandra Singh @
Chanda Singh, R/o Bhojpur, P.S. Kadar Chowk, District Badayu(U.P.) at present
in the house of Jogindra Singh, R/o village Lalganj, P.S. Goraul, District Vaishali
                                                                     ...... Petitioner
                                                   Versus
                              STATE OF BIHAR ....... Opposite party
                                                 -----------
                         For the petitioner : Mr. Jay Kumar, Advocate
                         For the State        : Mr. Md. Arif, A.P.P.
                                        -----

3       04.05.2010

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Section 392 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is not named in the first information report and neither any incriminating article had been recovered from his possession nor had he been put on T.I. parade. It is further contended that petitioner has been made accused allegedly on the alleged ground that when he was apprehended in connection with another case bearing Pusa Case Nos. 28 of 2008 and 29 of 2008, he has allegedly made a confessional statement regarding his involvement in this case. Petitioner is stated to be in custody since 12.12.2008. 2 Learned counsel submits that in the above cases petitioner has already been granted bail as stated in paragraph no. 3 of the supplementary affidavit.

In the facts and the circumstances of the case, the petitioner, KISHORE SINGH @ KISHORI SINGH, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 12 of 2008, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner.

If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

Further, the petitioner shall remain present on each and every date during the course of trial. If 3 the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner.

(Dr. Ravi Ranjan, J.) Spd/-