Dablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15591 of 2021 Arising Out of PS. Case No.-157 Year-2019 Thana- BARARI District- Katihar ====================================================== DABLU SINGH Son of Kamaldev Singh @ Kamaldev Nishad Resident of Village- Sukhasan, P.S.- Barari, District- Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Viveka Nandsingh, Advocate For the Opposite Party :

Smt Renu Kumari A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code. As per the prosecution case, while the petitioner and his father were sleeping on machan in his maize field, petitioner and other accused persons named in the FIR came there and petitioner repeatedly fired upon them as a result of which informant and his father sustained injuries on their hands. Learned counsel for the petitioner submits that admittedly there is land dispute between the parties. It is further submitted that though there is allegation of making repeated fire, but the petitioner had no intention to kill the informant or his father as he has not caused injuries on the vital

Patna High Court CR. MISC. No.15591 of 2021(2) dt.02-07-2021 2/2 part of the victim. Investigation is complete. Petitioner is in custody since 21.10.2019.

Considering the rival submissions of the parties, materials available on the record and the period of custody of the petitioner, let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate V, Katihar in Barari Police Station Case No. 157 of 2019 on 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 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.

(Prabhat Kumar Singh, J) shashi/- U T