Antu Kumar Singh @ Antu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7511 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- TARAIYA District- Saran ====================================================== Antu Kumar Singh @ Antu Singh S/O Nagendra Singh R/O Village- Parauli, P.S- Basantpur (Lakari Nabiganj O.P), Distt.- Siwan. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Anupam, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.T. No. 801 of 2023 arising out of Taraiya P.S. Case No. 99 of 2023 dated 07.04.2023, lodged under Sections 395 and 412 of the I.P.C.
3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 16.10.2023 passed in Cr. Misc. No. 66327 of 2023 in which liberty was granted to him to renew his prayer for bail after framing of charge. He submits that charge has already been framed in this case on 18.12.2023. He further submits that the antecedent of the petitioner is not clean, there are two criminal
Patna High Court CR. MISC. No.7511 of 2024(3) dt.10-04-2024 2/3 cases pending against him in which he is on bail.
4. Learned counsel for the State opposes the prayer for bail and submits that on earlier occasion, progress report of the trial has been called for. From perusal of the progress report, it transpires that not a single witness has been examined.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties, as well as on the satisfaction of the Court below that petitioner is not absconding in any of the cases, i.e. Sidhwaliya P.S. Case No. 159 of 2019 and Basantpur (Lakdi Nabiganj) P.S. Case No. 416 of 2018 of the like amount each to the satisfaction of learned Additional Sessions Judge- XIth, Saran, Chapra in connection with S.T. No. 801 of 2023 arising out of Taraiya P.S. Case No. 99 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: (i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.7511 of 2024(3) dt.10-04-2024 3/3 dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
6. With this observation, the bail application stands allowed.
(Dr. Anshuman, J) sadique/- U T