Shailesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14478 of 2023 Arising Out of PS. Case No.-340 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SHAILESH SINGH Son of Ram Ekbal Singh Resident of Village- Kunj, P.S.- Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-03-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 240 of 2019, arising out of Bhabhua Police Station Case No. 340 of 2019, registered for the offences punishable under Sections 147/148/149/302 of the Indian Penal Code.

This is the third attempt on behalf of the petitioner for grant of regular bail. On the last occasion, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 06.04.2021, passed in Criminal Misc. No. 1608 of 2021, giving liberty to the petitioner to renew his prayer or bail after one year, if the trial does not show any progress. The allegation, as per the First Information Report, is

Patna High Court CR. MISC. No.14478 of 2023(2) dt.15-03-2023 2/3 that the petitioner, along with other accused persons, stabbed the nephew of the informant, causing his death.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail after about two years instead of one year, as observed by this Court in the order dated 06.04.2021. He further submits that similarly situated coaccused, Shesh Muni Singh, has been granted bail by coordinate Bench of this Court, vide order, dated 27.05.2020, passed in Criminal Misc. No. 80931 of 2019, and similarly situated co-accused Dhiraj Singh was granted bail by the Court below itself. He further submits that the petitioner is in custody since 16.07.2019, having no criminal antecedent. After having heard learned Counsel for the parties and taking into consideration the fact that similarly situated coaccused persons have been granted bail, this is the third attempt on behalf of the petitioner for grant of bail and the petitioner is in custody since 16.07.2019, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.14478 of 2023(2) dt.15-03-2023 3/3 learned 5th Additional Sessions Judge, Kaimur, at Bhabhua, in connection with Sessions Trial No. 240 of 2019, arising out of Bhabhua Police Station Case No. 340 of 2019.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √