Ganga Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5987 of 2020 Arising Out of PS. Case No.-76 Year-2017 Thana- BARHAT District- Jamui ====================================================== GANGA SAGAR SINGH Son of late Jagdish Singh Resident of Village - Sudamapur, P.S.- Barhat, Distt - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate.

For the Opposite Party/s:

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 307, 305 and 325 of the Indian Penal Code registered in connection with Barhat P.S. Case No. 76 of 2017 corresponding to G.R. No. 2176 of 2017.

3. It is submitted that the petitioner has been falsely implicated in a complaint-based F.I.R. in the backdrop of land dispute. The petitioner is the son of the informant and the same has been instituted at the instance of the agnates of petitioner. The informant has accepted in her further statement that the dispute arose as she had sold the land to Dhirendra Singh (agnate). Statement is made at the Bar that there is no injury report to corroborate the accusation of assault. The criminal antecedents of the petitioner comprise of complaint cases instituted by the agnates, except Narhi P.S. Case No. 25 of 1993 which is an old case instituted in the State of Uttar Pradesh.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction ofSri K.K. Dev, learned Judicial Magistrate 1st Class, in connection with Barhat P.S. Case No. 76 of 2017

Patna High Court CR. MISC. No.5987 of 2020(2) dt.28-02-2020 2/2 corresponding to G.R. No. 2176 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T