Rohit Singh @ Bhajo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25482 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rohit Singh @ Bhajo Singh aged about 25 years, S/O Ramanuj Singh @ Anuj Singh R/O Village And P.O-Rampur, P.S.-Suryagarha, District-Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ankit Kumar, Advocate For the Opposite Party/s :

Mr.Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner who is in custody since 25.12.2020 in connection with Suryagarha P.S. Case No. 100 of 2020 for the offence punishable under sections 341, 323, 325, 307, 269, 270, 271, 188, 504/34 of the Indian Penal Code and Section 27 of the Arms Act and Section 03 Mahamari Act, 1897.

It is the story of the prosecution that the petitioner alongwith co-accused Ramanuj Singh @ Bhajo Singh, Pathar Singh@ Mukesh Singh armed with lethal weapons assaulted the informant while he was sleeping in his field due to which he was severely injured and his leg was also broken on account of such grievous assault.

It has further been alleged in the FIR that there is long

Patna High Court CR. MISC. No.25482 of 2021(3) dt.29-11-2021 2/3 standing family disputes between the parties. Learned counsel for the petitioner submits that there is case and counter case between the parties. He has further submitted that the petitioner has falsely been implicated in the present case on the basis of conspiracy hatched by one coaccused Pathar Singh@ Mukesh Singh. He has stated in his application that the petitioner has clean antecedent and as such the petitioner be released on bail considering the period of custody as well.

Learned counsel appearing on behalf of the State however, opposes the prayer of the petitioner. Considering the aforementioned facts and circumstances of the case and on perusal of the FIR as well as the long standing disputes between the parties and case and counter case between the parties, petitioner has prima facie made out a case for being released on bail. Let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Suryagarha P.S. Case No. 100 of 2020 subject to the following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.25482 of 2021(3) dt.29-11-2021 3/3 immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Ravi/- U T