Shiv Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18459 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- MANSI District- Khagaria ====================================================== SHIV SHANKAR SINGH S/O JHAKSU SINGH R/O VILLAGE-SAIDPUR, P.S-MANSI, DISTRICT-KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that while the informant was going to his field, on the way petitioner along with other co-accused persons made firing against him. The informant saved his life and entered into the house of Prabhu Singh for his safety. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that general and omnibus allegation has been alleged against the petitioner as the informant has not received any injury in the alleged occurrence. He further submits that petitioner bears seven criminal

Patna High Court CR. MISC. No.18459 of 2021(2) dt.19-07-2021 2/3 antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 02.05.2020. Considering the facts and circumstances of the case and the fact that informant has not received any injury, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mansi P.S. Case No. 102 of 2020, G.R. No. 1008 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if he fail to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

Patna High Court CR. MISC. No.18459 of 2021(2) dt.19-07-2021 3/3 (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T