Bhim Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10528 of 2022 Arising Out of PS. Case No.-147 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== BHIM SINGH Son of Sarvjeet Singh Resident of Village - Sarana, Police Station - Shahpur, District - Bhojpur at Ara (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Shahpur P.S. Case No. 147 of 2020, registered for the offence under Sections 147, 148, 149, 341, 324, 326, 307, 379 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 06.12.2021.
The allegation against the accused/petitioner is to cause grievous hurt by using deadly weapons along with other co-accused and while doing so, caused knife injury upon nephew of informant.
Patna High Court CR. MISC. No.10528 of 2022(2) dt.13-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the nature of allegation as regards to assault against the petitioner is very much omnibus. It has further been submitted that similarly situated co-accused has also been granted bail by a Ld. co-ordinate Bench vide Cr. Misc. No. 22216 of 2021 dated 08.10.2021. It has further submitted that for the present set of occurrence, counter case has also been lodged which is founded over trivial issues as playing of Volleyball and moreover charge-sheet has already submitted in this case and as such no chance of tampering of evidence. Learned APP while appearing on behalf of the State while opposing the prayer for bail fairly conceded the fact that the allegation against this accused/petitioner is very much omnibus.
Considering the facts and circumstances as mentioned above and as the nature of allegation against the petitioner, as regards to assault is very much omnibus, coupled with the fact that the charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Shahpur P.S. Case No. 147 of 2020, on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.10528 of 2022(2) dt.13-06-2022 3/3 learned A.C.J.M. 1st, Bhojpur, Ara, subject to the following condition:
(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents. (ii) That one of the bailors shall be the close relative of the accused/petitioner like mother/father/sister/brother. (Chandra Shekhar Jha, J) Ranjeet/- U T