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Patna High CourtCR. APP (SJ)/326/2022allowed

Abhimanu Kumar Singh @ Abhimanu Singh v. The State Of Bihar

2022-07-06Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.326 of 2022 Arising Out of PS. Case No.-50 Year-2020 Thana- SIKARHATTA District- Bhojpur ====================================================== ABHIMANU KUMAR SINGH @ ABHIMANU SINGH SON OF ARBIND SINGH R/O VILLAGE- BELDEHRI, P.S.- SIKARHATTA, DISTRICTBHOJPUR ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Suman Kumar Jha, Advocate For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-07-2022 Heard the learned counsel for the appellant and the State.

The prayer for grant of bail to the appellant was earlier rejected vide order dated 20.07.2021. The appellant is in custody since 06.06.2020. Hence, the present application renewing his prayer for bail. The appellant is said to have fired from his weapon which hit the victim in his eye. The occurrence, however, is stated to have taken place out of a small dispute while playing the game of Cricket.

It was also pointed out by the learned counsel for the appellant that he does not have any criminal

Patna High Court CR. APP (SJ) No.326 of 2022(7) dt.06-07-2022 2/3 antecedents.

As is required, notice was issued to the informant which has appropriately been served upon him. Despite that, there is no appearance on behalf of the informant to contest this petition.

This Court had also called for a report from the court below about the stage of the case; which report indicates that till the date of sending the report, no witness had been examined in the case.

Regard being had to slow pace of trial and the custody of the appellant which is from 06.06.2020 as also the nature of accusation against him, this Court is inclined to and sets aside the order passed by the learned court below refusing the grant of bail to the appellant and directs for release of the appellant on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST (P.O.A.) Act, Bhojpur at Ara in connection with Special Case No. 94 of 2020, arising out of Sikarhatta P.S. Case No. 50 of 2020.

The appellant, however, is directed to participate

Patna High Court CR. APP (SJ) No.326 of 2022(7) dt.06-07-2022 3/3 in the trial and he shall not leave the territorial confines of the district where the trial is to be held, without proper permission from the trial court. He shall, at the time of filing his bonds, provide his mobile telephone number, which he shall keep in operative condition till the conclusion of trial.

Any breach of the afore-noted conditions would render the bail granted to the appellant liable to be cancelled.

(Ashutosh Kumar, J) krishna/- U T