Bir Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11346 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- NATWAR District- Rohtas ====================================================== Bir Bahadur Singh Son of Rajeshwar Singh, Resident of VillageDhodhandih, P.S.-Suryapura, District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-08-2022 Learned counsel for the petitioner submits that due to inadvertence wrong case number has been typed in the prayer portion of the bail application and seeks permission to correct the same.

Permission granted.

The petitioner is directed to remove the defect in course of the day and make appropriate correction in the prayer portion.

Let the defect, if any, be removed in course of the day. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Natwar P.S. Case No. 33 of 2021 lodged under Section 307/120(B)/34 of the IPC read with 27 of the Arms Act.

Patna High Court CR. MISC. No.11346 of 2022(4) dt.02-08-2022 2/3 Learned counsel for the petitioner submits that present case has been filed only and only on the basis of suspicion, nothing has been recovered from his possession. In the F.I.R. itself name has been stated by the informant only on suspicion. In the entire case diary also only suspicion of involvement of the petitioner has indicated in some paragraphs. From the F.I.R. it transpires that no recovery has been made from his possession.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj (Rohtas at Sasaram) in connection with Natwar P.S. Case No. 33 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his

Patna High Court CR. MISC. No.11346 of 2022(4) dt.02-08-2022 3/3 bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) ritik/-sadique U T