Lalit Vijay Singh @ Karey Singh @ Kare Lal @ Kare Lal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13458 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== LALIT VIJAY SINGH @ KAREY SINGH @ KARE LAL @ KARE LAL SINGH SON OF LATE ACHALDEO SINGH R/O VILL.- RAHUA, P.S.- SAHEBPUR KAMAL, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 01.07.2022 in connection with Sahebpur Kamal P.S. Case No. 64/2022, dated 15.03.2022, for the offences punishable under Sections 341, 307, 326, 504, 506, 34 of the IPC & Section 27 of the Arms Act.

3. According to prosecution case, the allegation against the petitioner is that he shot fired upon the brother of the informant due to which he sustained injury on his armpit.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.13458 of 2023(3) dt.13-07-2023 2/3 present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that it appears from the F.I.R. that the date of alleged occurrence is 10.03.2022 but the present F.I.R. has been instituted on 15.03.2022 after though only with a view to implicate the petitioner in a false case. He furthere submits that as per F.I.R. the allegation against the petitioner is that the petitioner along with co-accused have fired upon the brother of the informant but the injury report of the injured suggests that the brother of the informant has sustained firearm injuries but the nature of injuries are simple in nature and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 01.07.2022.

5. Learned counsel for the informant and learned Additional Public Prosecutor for the State on the other hand vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried six criminal antecedent other than the present one.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.13458 of 2023(3) dt.13-07-2023 3/3 the like amount each to the satisfaction of the learned A.C.J.M.- IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 64/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T