Umesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13779 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- BHAPTIAHI District- Supaul ====================================================== UMESH KUMAR SINGH SON OF LATE SHIVJEE PRASAD SINGH Resident of Village - Malhani, Ward No.5, P.S.- Supaul, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhanu Pratap Singh For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Bhaptiyarhi P.S. Case No. 79 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, on 11.08.2020 at 2.45 am the informant being driver and cleaner proceeded with pickup van loaded with Ginger for Muzaffarpur, on the way, his vehicle was intercepted by a white colour Scorpio vehicle and four unknown miscreants came down from the Scorpio vehicle and looted the pickup van.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.13779 of 2021(2) dt.30-06-2021 2/3 petitioner is not named in the FIR. In fact, the said Scorpio vehicle on which petitioner and others were travelling, dashed with said Pickup van causing damage to the Scorpio and some altercation took place between the passengers sitting in the Scorpio and the driver of the pickup van due to that reason, this false case was lodged. Moreover, similarly situated co-accused persons have already been granted bail by different benches of this Court. Petitioner claims clean antecedent and he is in custody since 12.08.2020. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Baptiyahi P.S. Case No. 79 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.13779 of 2021(2) dt.30-06-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T