Shiv Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19819 of 2021 Arising Out of PS. Case No.-218 Year-2017 Thana- NOKHA District- Rohtas ====================================================== Shiv Shankar Singh S/O Lalan Singh R/O Village-Sisrit Tola, P.S-Nokha, District-Rohtas.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Advocate For the State :
Md. Mustaque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 25-11-2021 The applicant/accused in Crime No. 218 of 2017 registered with Nokha Police Station for the offences punishable under sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code as well as Section 27 of the Arms Act, at the instance of the first informant, by this application is seeking his release on bail.
Heard learned counsel for the applicant. He submits that almost all co-accused are released on bail. Some of them are attributed more serious role than the applicant. He further that submits those bail orders are at Annexure-2 to this application.
Learned APP opposed the bail application by contending that the offences are serious.
I have considered the submissions so advanced.
Patna High Court CR. MISC. No.19819 of 2021(2) dt.25-11-2021 2/3 According to the prosecution case, accused persons including the present applicant formed an unlawful assembly with common object of committing crime and in that process they attempted to commit murder of the first informant. Orders at Annexure-2 shows that co-accused Lallan Singh, Vijay Singh, Dadan Singh, Mahendra Singh and Vishnu Kumar are already released on bail vide orders dated 12.10.2017 and 7.2.2018 passed in Cr. Misc. Nos. 42202 of 2017 and 7265 of 2018 respectively. Allegations against them are more serious. Firearms are attributed to them.
So far as the applicant is concerned, iron rod and gaddal is attributed to him.
As co-accused with serious role are already released on bail, and hence, the following order:- The application is allowed.
The applicant/accused in Crime No. 218 of 2017 registered with Nokha Police Station is directed to be released on bail on executing P.R. Bond of Rs. 10,000/- (Ten Thousand) on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the
Patna High Court CR. MISC. No.19819 of 2021(2) dt.25-11-2021 3/3 facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should not repeat the trial in expeditious disposal of the trial against him. (III) The applicant to remove all office objections forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) Ravi/- U T