Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2693 of 2023 Arising Out of PS. Case No.-307 Year-2020 Thana- TARAIYA District- Saran ====================================================== ARVIND KUMAR SINGH Son of Kamakhya Singh Resident of Village and P.S.- Taraiya, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 10.05.2022 in connection with Taraiya P.S. Case No. 307 of 2020, F.I.R. dated 01.09.2020 registered for the offence punishable under Sections 341,323,324,307,504,379 and 506/34 of IPC.

Allegation against the petitioner is that he assaulted to the informant with Farsa causing injury on his head. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated. Further submits that as per

Patna High Court CR. MISC. No.2693 of 2023(3) dt.03-07-2023 2/3 allegation in the FIR the petitioner has assaulted with Farsa to the informant. Further submits that due to admitted land dispute, the present occurrence had taken place. Further submits that there is case and counter case between the parties and the injury report of the injured suggests that the injury is grievous in nature and the police has submitted the chargesheet against the petitioner and the petitioner is in custody since 10.05.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more cases other than the present one.

Considering the aforesaid facts and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Saran at Chapra in connection with Taraiya P.S. Case No. 307 of 2020,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.2693 of 2023(3) dt.03-07-2023 3/3 without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T