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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6620 of 2020 Arising Out of PS. Case No.-153 Year-2019 Thana- BIHRA District- Saharsa ====================================================== 1.

NANDAN SINGH @ NANDAN KUMAR SINGH Son of Murli Singh @ Murlidhar Singh 2.

Sunil Kumar Singh @ Sunil Singh Son of Late Chandeshwar Singh Both Resident of Village - Durgapur, Panchgachhiya, P.S.- Bihra, Distt - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 07-09-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 353, 332, 431 and 504 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons created an unlawful assembly and assaulted on the police personnel due to which several police personnel got injured.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.6620 of 2020(3) dt.07-09-2020 2/3 that they are innocent and have falsely been implicated in this case due to suspicion. There is general and omnibus allegation against the petitioners. Similarly placed co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 24.06.2020 passed in Cr. Misc. No.13455 of 2020. Petitioners have no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bihra P.S. Case No.153 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

Patna High Court CR. MISC. No.6620 of 2020(3) dt.07-09-2020 3/3

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Sanjay/- U T