IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30254 of 2010
BRIJ NANDAN SINGH @ MALKHAN SINGH @ BIJAY SINGH
Versus
STATE OF BIHAR
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03 02.12.2010 Heard learned counsel for the petitioner as well as
learned P.P. for the State.
Petitioner is not named in the F.I.R. nor anything has
been recovered from his conscious possession. It appears from
perusal of impugned order of lower court that one witness,
namely, Brihaspati Yadav claimed to have seen the petitioner at
the time of alleged occurrence.
Learned counsel for the petitioner submits that in
course of investigation aforesaid Brihaspati Yadav named the
petitioner as well as other accused persons but some accused
persons including one Vikky Munda have already been either
granted bail or acquitted. She also produced certified copy of
deposition of aforesaid Brihaspati Yadav recorded in Sessions
Trial No. 269 of 2003/36 of 2003 and submitted that the aforesaid
Brihaspati Yadav deposed in court and denied the prosecution
story.
No doubt, there is some criminal history of the
petitioner but considering the above stated facts and circumstances
petitioner, namely, Brij Nandan Singh @Malkhan Singh @ Bijay
Singh, is directed to be released on bail on furnishing bail bonds of
Rs. 10,000/- with two sureties of the like amount each to the
satisfaction of Additional District and Sessions Judge, F.T.C. IV
2
Aurangabad, Bihar subject to condition that one of the sureties
must be close relative of the petitioner.
Shahzad (Hemant Kumar Srivastava, J)