Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6525 of 2022 Arising Out of PS. Case No.-233 Year-2016 Thana- CHAUSA District- Madhepura ====================================================== UMESH SINGH, SON OF LATE MOHAN SINGH R/O VILLAGEKHOPARIYA, LAUALAGAN PURVI, WARD NO.11, P.S.- CHOUSA, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chausa P.S. Case No. 233 of 2016, dated 29.12.2016, registered for the offences punishable under Sections 384, 386 & 506 of the I.P.C.

Prosecution story in brief is that the petitioner and other co-accused persons demanded a ransom of Rs. One Lakh from the informant and on non-fulfillment of demand, they cultivated the land of the informant and also threatened to kill him.

The learned counsel for the petitioner submits that

2/4 the petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation is general and omnibus. It has further been submitted that there is a land dispute between the parties. He also submits that similarly situated accused persons have already been granted bail by different Benches of this Court.

The petitioner is in custody since 05.10.2021. It is also stated in paragraph no. 2 of the petition that the petitioner has never moved before this Hon'ble Court for grant of Anticipatory Bail or Regular Bail. It has further been stated that the petitioner has been made accused in Chausa P.S. Case No. 217 of 2016, Chausa P.S. Case No. 230 of 2016, Chausa P.S. Case No. 233 of 2016 and Chausa P.S. Case No. 237 of 2020. However, the learned APP for the State has opposed the prayer for bail.

Considering the facts and circumstances, the petitioner, above-named, is directed to be released 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

3/4 satisfaction of the learned Court below where the case is pending in connection with Chausa P.S. Case No. 233 of 2016 dated 29.12.2016 on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.

4/4 (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.

The application stands allowed accordingly.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U T