Umesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12573 of 2022 Arising Out of PS. Case No.-230 Year-2016 Thana- CHAUSA District- Madhepura ====================================================== UMESH SINGH, S/o Late Mohan Singh R/o village- Khopariya, Lauagan Purvi, Ward No. 11, P.S.- Chousa, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Singh For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Chousa P.S. Case No. 230 of 2016, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 385, 386, 387, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation, the petitioner and his associates reached at the house of the informant and assaulted him and also demanded Rs. 50,000/- as ransom.
The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in
2/4 this case. He also submits that the allegation against the petitioner is general and omnibus in nature. He further submits that similarly situated co-accused persons, namely, Bipin Singh, Santlal Singh, Sanjay Singh and Bebek Singh have already been granted bail by different Benches of this Court.
The petitioner is in custody since 14-12-2021 It is also stated in paragraph no. 2 of the petition that petitioner has not moved earlier before this Hon'ble Court for grant of anticipatory bail or regular bail. It has further been stated that the petitioner has been made accused in four cases, bearing Chausa P.S. Case No. 217 of 2016, Chausa P.S. Case No. 230 of 2016, Chausa P.S. Case No. 233 of 2016 and Chausa P.S. Case No. 237 of 2020.
However, the learned APP for the State has opposed the prayer for bail.
Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /-
3/4 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 230 of 2016 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal
4/4 antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly.
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) skm/- U T